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October 4, 2023

Discussion – Criminal Defenses

Discussion – Criminal Defenses. Two Prosecutions—Two Different Results. In 2002, Brian David Mitchell and his accomplice and wife, Wanda Barzee, kidnapped fourteen-year-old Elizabeth Smart from her home. Mitchell, a so-called street preacher, and Barzee held Smart captive for nine months, tethering her to a metal cable, subjecting her to daily rapes, and forcing her to ingest alcohol and drugs (Dobner, J., 2010). At one point, they transported Smart across state lines to California. Mitchell was put on trial for kidnapping and sexual assault in the state of Utah. The trial court found Mitchell incompetent to stand trial, and did not make a ruling forcing him to submit to medication to remedy the incompetency (Dobner, J., 2010). Discussion – Criminal Defenses. Unlike Mitchell, Barzee was involuntarily medicated pursuant to a state court order (by the same judge that heard Mitchell’s incompetency claim), and pleaded guilty to federal and state kidnapping, sexual assault, and illegal transportation of a minor for sex, receiving two fifteen-year sentences, to be served concurrently (Dobner, J., 2010). The federal government also instituted a prosecution against Mitchell for kidnapping and taking Smart across state lines for sex.

Discussion – Criminal Defenses. The US District Court judge held a competency hearing and found that Mitchell was competent to stand trial (Winslow, B., 2010). Mitchell pleaded not guilty by reason of insanity. Throughout the trial, Mitchell was often removed from the courtroom for loudly singing Christmas carols and hymns. A serious of experts testified regarding Mitchell’s psychological ailments, including a rare delusional disorder, schizophrenia, pedophilia, and antisocial personality disorder. Nonetheless, the jury rejected the insanity defense and convicted Mitchell of kidnapping and transporting a minor across state lines for the purpose of illegal sex (Dobner, J., 2010). If Mitchell had not committed federal crimes, he might still be awaiting trial in Utah. What is the purpose of putting Mitchell on trial rather than delaying the trial for mental incompetency? Is this purpose ethical? Use APA referencing style.

October 4, 2023

Case Study – Criminal Defenses

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Case Study – Criminal Defenses

Please make sure that your response is 100 words or more for each question/statement. You are a law professor searching for cases to illustrate certain legal concepts for your students. Read the prompt, review the case, and then decide which legal concept it represents.

The defendant’s vehicle matched the description of a vehicle seen in the vicinity of a burglary before the burglary, during the burglary, and after the burglary. The defendant claimed that the evidence was insufficient to prove he was an accomplice to the burglary. Does this case illustrate the legal concept of accomplice act, accomplice intent, or both? Read Collins v. State, 438 So. 2d 1036 (1983). The case is available at this link: http://scholar.google.com/scholar_case?case=8573128029213310764&hl=en&as_sdt=2,5&as_vis=1
The defendants, foster parents, were found guilty as accomplices to the felony murder of their two-year-old foster daughter. Although both defendants testified that the victim died from injuries experienced after a fall from a swing, medical experts reported that the victim’s injuries were inconsistent with that testimony and appeared to be the result of child abuse. Case Study – Criminal Defenses. The jury convicted the defendants as accomplices to felony murder after a jury instruction stating that an omission to act could constitute the criminal act element for accomplice liability when there is a duty to act, and parents have a legal duty to come to the aid of their children. Does this case illustrate the legal concept of omission to act, statutory interpretation, or both? Read State v. Jackson, 137 Wn. 2d 712 (1999). The case is available at this link: http://caselaw.findlaw.com/wa-supreme-court/1412039.html

The defendant, an electrical contracting company, was found guilty of violating OSHA regulations that led to an employee’s death. The victim, an apprentice in training, touched a live electrical wire and died from electrocution. The OSHA statute in question required “willful” conduct on behalf of the company. The jury instruction on willful stated that a company acted willfully or knowingly if individual employees of that company acted knowingly. The evidence indicated that some employees knew or were aware of live wiring in the vicinity of the accident. Case Study – Criminal Defenses. The defendant appealed and claimed that the jury instruction should have stated that a company acted willfully or knowingly if individual employees acted knowingly and had a duty to report that knowledge to the company. Does this case illustrate the legal concept of criminal intent, vicarious liability, or both? Read U.S. v. L.E. Meyers Co., 562 F.3d 845 (2009). The case is available at this link: http://scholar.google.com/scholar_case?case=2854285863509787279&hl=en&as_sdt=2&as_vis=1&oi=scholarr
The defendant was convicted of both first-degree murder and accessory after the fact to that murder. The trial court did not instruct the jury that the offenses were mutually exclusive and that they could only convict the defendant of one or the other. The defendant appealed on the basis that he was entitled to a jury instruction that prevented a conviction on both murder and accessory after the fact to murder. Use APA referencing style. Case Study – Criminal Defenses. Does this case illustrate the legal concept of the criminal elements required for accessory after the fact, the criminal elements required for murder, or both? Read State v. Melvin, No. 382PA09 (North Carolina 2010). The case is available at this link: http://caselaw.findlaw.com/nc-supreme-court/1549865.ht

October 4, 2023

Current Event Assignment

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Current Event Assignment. You must look through legitimate online media outlets and locate a news article that relates to the current chapter we are covering. The current event you submit must be a 250+ words summary of the article. It must also include 250+ words answering the question you will find in the chapter current event instructions. In addition, you will need to include a critical thinking question about the article. I do not need to see the article, just insert the http web address that I can click on and it will bring up the article itself. Any quoted material will not count toward the minimum word required for this assignment.

Research a recent news article from within the last 6 months that discusses what legislature do (from on page 178). Download a copy of the current event template (provided below) and answer all 4 questions. For question one, paste the URL of the news article you found from the internet. For question 2, write a 250-word summary of your news article. Question three you will need to explain the role and activities of legislatures. Please provide specific details to support your opinion. For question 4, you are to write a one or two sentence critical thinking question related to the article you just read. What unanswered questions did you find in the article? This question can be related to the subject of the article (such as the President or Governor) or the journalist who wrote the article (biased view point).

October 4, 2023

Criminal Defense Questions

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Criminal Defense Questions

Answer the following questions and make sure your response is 100 words or more for each.

Carol is on trial for battery, a general intent crime. Carol puts on a defense that proves her conduct was accidental, not intentional. Is this an affirmative defense? Why or why not?
Read State v. Burkhart, 565 S.E.2d 298 (2002). In Burkhart, the defendant was convicted of three counts of murder. The defendant claimed he acted in self-defense. The jury instruction given during the defendant’s trial stated that the prosecution had the burden of disproving self-defense. However, the instruction did not state that the prosecution’s burden of disproving self-defense was beyond a reasonable doubt. Did the Supreme Court of South Carolina uphold the defendant’s conviction for the murders?
Read Hoagland v. State, 240 P.3d 1043 (2010). In Hoagland, the defendant wanted to assert a necessity defense to the crime of driving while under the influence. The Nevada Legislature had never addressed or mentioned a necessity defense. Did the Supreme Court of Nevada allow the defendant to present the necessity defense?

Criminal Defense Questions

Answer the following questions and make sure your response is 100 words or more for each.

Carol is on trial for battery, a general intent crime. Carol puts on a defense that proves her conduct was accidental, not intentional. Is this an affirmative defense? Why or why not?
Read State v. Burkhart, 565 S.E.2d 298 (2002). In Burkhart, the defendant was convicted of three counts of murder. The defendant claimed he acted in self-defense. The jury instruction given during the defendant’s trial stated that the prosecution had the burden of disproving self-defense. However, the instruction did not state that the prosecution’s burden of disproving self-defense was beyond a reasonable doubt. Did the Supreme Court of South Carolina uphold the defendant’s conviction for the murders?
Read Hoagland v. State, 240 P.3d 1043 (2010). In Hoagland, the defendant wanted to assert a necessity defense to the crime of driving while under the influence. The Nevada Legislature had never addressed or mentioned a necessity defense. Did the Supreme Court of Nevada allow the defendant to present the necessity defense? Use APA referencing style.

October 4, 2023

Presenting the plan

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Introduction as to why this problem was selected.
This assignment for the project (to be included in the Appendix of paper).
Process(es) used to analyze the problem, and Presentation of the plan to include Power Point slides.

The PowerPoint and paper for the plan will be the graded project. The paper (including the plan) must be between 5-7 pages in length, not including the title, reference pages and appendix. This assignment requires a minimum of 5-7 scholarly references. There are no minimum requirement for the number of PowerPoint slides.

Presenting the plan. This final assignment is designed to provide an opportunity to integrate the skills addressed in this course. You are expected to work as alone and focus on analyzing a problem and develop a plan to address that problem according to the techniques you have honed in this class. Each paper-project will identify one of the problems of an organization posed by a team member. The assignment will include a PowerPoint which will present a plan on ways to solve the problem. The following elements should be included. The PowerPoint and paper for the plan will be the graded project. The paper (including the plan) must be between 5-7 pages in length, not including the title, reference pages and appendix. This assignment requires a minimum of 5-7 scholarly references. There are no minimum requirement for the number of PowerPoint slides. Use APA referencing style.

October 4, 2023

Discussion – Communication Appeals

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Discussion – Communication Appeals

Context: In thinking about communication, we use these appeals in many contexts. When we talk to people we are judging their credibility (and they are judging ours) based on the way we speak, the words we use, the tone of our voice and the way we dress among other things. Consider that we do the same thing when we listen to a song on the radio or look at a painting or watch a video. We make judgements based on imagery and color- tone and pitch.

Description: For this assignment, post a painting or picture (or copy of) that speaks to you. Consider the appeals you think it makes to you and other persons viewing it, as we considered in the Frida Kahlo painting. Be prepared to share with the class the following information:

Discussion – Communication Appeals. A link to the piece, and why you chose it. The background of the piece (author- painter’s info – a blurb about the piece). What you think the piece communicates (sadness-history-joy-contemplation). If your piece was to be judged as a speech, would it be argumentative? Persuasive? Informative?

Delivery: This post will be due Wednesday at midnight. Points will be deducted for not answering all parts of the questions.

Discussion – Communication Appeals. Context: In thinking about communication, we use these appeals in many contexts. When we talk to people we are judging their credibility (and they are judging ours) based on the way we speak, the words we use, the tone of our voice and the way we dress among other things. Consider that we do the same thing when we listen to a song on the radio or look at a painting or watch a video. We make judgements based on imagery and color- tone and pitch. Delivery: This post will be due Wednesday at midnight. Points will be deducted for not answering all parts of the questions. Use APA referencing style.

October 4, 2023

Discussion – Art Analysis & Interpretation

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Discussion – Art Analysis & Interpretation

Context: In 1970 Edmund Burke Feldman, then a professor of Art at Georgia University created a simple four step critical analysis to show how to analyze and interpret art. This technique is still widely used to teach art criticism:

Description: Make a list of the visual qualities of the work that are obvious and immediately perceived.

Analysis: Focus on the formal aspects of elements of art, principles of design, and other formal considerations: exaggeration, composition etc. “How does the artist create a center of interest?” How does the use of color impact the painting?”

Interpretation: Propose ideas for possible meaning based on evidence. Viewers project their emotions/feelings/intentions onto the work. “What do you think it means”? “What was the artist trying to communicate”? “What clues do you see that support your ideas”? Discussion – Art Analysis & Interpretation.

Judgment: Discuss the overall strengths/success/merit of the work. This step is usually used with mature audiences.

Much like an artist is communicating a message to the viewer, we as public speakers are expressing our message and verbal identity in many of the same ways. Using Feldman’s technique we can attempt to interpret and describe what we see in a piece of art. Writing or speaking about art is not so very different from writing or speaking about other subjects. One of the main differences is that writing about art tends to be more descriptive. Art is a visual experience, and you cannot write meaningfully about it without describing what you see, just as public speaking can more meaningfully be understood by the audience when we take care to use words and phrases and visual aids that are descriptive.

Description: Visit the following link: https://www.wikiart.org/en/frida-kahlo/my-dress-hangs-there-1933

Without knowing (or researching) anything about it- what do you think this picture is about? What do you think the painter was trying to communicate? What do you think the painter was trying to tell the viewer (audience) about society, location and culture. What is the mood? Discussion – Art Analysis & Interpretation. What do the colors make you feel? What mood or tone is the painter communicating to the audience? Use Feldman’s critical process to guide your response.

Delivery: This post will be due Wednesday at midnight. Points will be deducted for not answering all parts of the questions. Use APA referencing style.

October 4, 2023

American Federal Government

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American Federal Government. Please choose 3 issues and typed-double spaced, 3 pages minimum per topic write your thoughts, analysis, pros, cons, research, examples, thinking and conclusion on each one of these topics. Devise a system to elect the president of the U.S. by replacing the current Electoral College System. You are running for the U.S Senate seat for the state of Florida-run your campaign. You are running for the mayor of the city of Miami run your campaign. Should there be limits on the amounts of funds for campaigns? Should the economic embargo of Cuba be lifted? Is drug use testing of students who participate in extracurricular activities permitted under the fourth amendment?

October 4, 2023

Government Collaboration Networks

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Government Collaboration Networks. Address each of the following questions related to federal-state-local collaboration during disasters. Why should there be national goals and strong federal direction, as during the period of “creative federalism,” or greater flexibility for state and local officials to target funds and efforts where they feel there is the greatest need? What would happen if the federal role in emergency management was simply reduced to providing financial support? How likely is it that state representatives will address the state’s major hazards without federal encouragement? What are the advantages of developing local capabilities to reduce hazards? How likely is it that local officials will address risks to life and property without outside funding and support?

Nursing Evidence-Based Practice (EBP) Projects

October 4, 2023

Great Revolutions Essay

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Great Revolutions Essay. Minimum 10 pages discuss two great revolutions. How they were similar, different, and the impact they made on the world. Cover a statement topic. Proposed thesis or argument. Must have at least 15 academic sources. Include introduction remarks. State and explain your research question or thesis, if it is already established. Provide the academic frame of reference for your research. What is its significance for the field? Where is it situated in the literature? Include an annotated bibliography that adheres to the Chicago style, with a paragraph text for each entry. Use APA referencing style.

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