Battered Women as Court Defense Essay Example for Free

Battered Women as Court Defense Essay One of the theoretical frameworks present, which is explains the rationale for battered women killings as a supplement to a self-defense court appeal is the condition of battered woman syndrome (Ogle and Jacobs, 2002 p. 51). Battered women who kill are often limited to pleading incapacity or provocation because the circumstances of the homicide do not fit into the narrow confines of self-defense law. Even when permitted to go forward with a self-defense claim, many women do not succeed. However, using the battered woman syndrome as a defense has troublesome implications. In practice, the battered woman syndrome defense echoes the old incapacity defense – she was acting out of learned helplessness rather than necessity – and fails to adequately consider the terrible experiences and choices these women face (Forrell and Matthews, 2001 p. 203). The cycle of battering theory posits that battering involves an identifiable pattern, which possess three phases as according to Walker (1979) (Ogle and Jacobs, 2002 p.51-52): (1). Tension building, in which the batterer seeks to create tension through intimidation, degradation, and threats in order to build a case for his next episode of violence and during this time, the victim is attempting to forestall the next battering incident; (2) acute battering incident, in which the batterer becomes violently abusive toward the victim in order to make his point, regain complete control of both the relationship and the victim, and prevent the victim from tying to leave; lastly, (3) contrition, in which the batterer, early in the relationship, makes gestures of apology, promises desistance, asks for forgiveness, and seeks reconciliation in order to keep the victim from fleeing (Ogle and Jacobs, 2002 p. 52). The proportionality, imminence requirements and the mare standards by which they are measured virtually preclude traditional self-defense for most battered women who kill their violent partners. For example, a 1995 U. S Department of Justice study, Spouse Murder Defendants, determined that 44% of women accused of murdering their husbands had been threatened with a weapon or physically assaulted at or around the time of the murder; of these, 56% were convicted. Not surprisingly, in states that relax the imminence and equal-force requirements when battered women kill and admit evidence on domestic violence and its consequences, more women are found to have killed n self-defense (Forrell and Matthews, 2001 p. 203). Battered Woman Syndrome does not explain how a woman suffering from learned helplessness (resigned to dying, hopeless, sure that nothing she does will have any influence on the outcome) suddenly becomes proactive and defends herself lethally. Learned helplessness creates a psychological and behavioral stereotype of the battering victim that can then be turned around and used against her in court if she does not exactly fit the typology of a battered woman suffering from this psychological problem. When such condition occurred, the battered woman is often not permitted to present certain testimony on the battering since she is believed not to be battered woman. In other words, if psychologists, through interviews and testing, cannot make a diagnosis of learned helplessness, then the woman does not fit the typology of a battered woman and cannot use that as a supplement to self-defense (Ogle and Jacobs, 2002 p. 52-53). Battered woman syndrome has been used for purposes beyond supporting the claim of self-defense. Such syndrome testimony has been admitted as relevant evidence into a broad range of criminal cases, such as fraud, drug running, child homicide and homicide of an adult other than the batterer. As part of the defense in these criminal cases, battered woman syndrome testimony has been offered to accomplish one of these three things: (a) to bolster the woman’s claim that she engaged in a criminal act under the duress/coercion of her abusive partner; (b) to support the notion of mitigation for the woman at the time she pleads guilty; or (c) to bolster a claim of diminished capacity in the sentencing phase of case (Freedheim et. al. , 2003 p. 485). Today, despite the concerns of a number of legal scholars, most jurisdictions permit testimony in criminal court about battered woman syndrome and a number actually guarantee its legitimacy through legislation. Twelve states provide for battered woman syndrome testimony by statutory law. In 1992, President George Bush signed the Battered Women’s Testimony Act, which specifically authorized a study of this type of testimony and required training materials to be developed to assist the courts. Moreover, this act also strongly encouraged state officials to accept battered woman syndrome testimony based on recognition that many women are victims of physical violence (Freedheim et. al. , 2003 p. 485). The conditions of battered women are still at risk knowing the fact that self-defense is still not considered as ground consideration of homicide; instead, the individual needs to be diagnosed with psychological defect before granting any possible excuse from the crime committed. The Case of Court Defenses. Probably, the most famous case of postpartum psychosis is that of Andrea Yates, a Texas woman who, in 2001, downed her five children – including a six-month old – in a bathtub (Cassidy, 2006 p. 242). Ms. Yates chased the last victim, her 7-year-old boy, as he tried to run away; however, she caught him and submerged him in the tub as she had done with the others. After wrapping the five bodies in sheets and placing them on the bed, she called the Houston Police and, upon their arrival, confessed (Dorne, 2002 p. 122). Prosecutors called for the death penalty, arguing that as long as she could distinguish between right and wrong, having postpartum psychosis is no excuse for murder. Since Yates testified that she knew it was a crime to kill her children, a jury convicted her of capital murder in 2002, triggering debate about whether the standard for mental illness was too rigid and whether the courts understood the nature of postpartum mental illness. However, an appeals court overturned that conviction die to erroneous testimony, and after a new trial in 2006, a jury found her not guilty by reason of insanity. Rather than sending her to prison for life, the judge committed her to be locked mental hospital until she deemed no longer a threat (Cassidy, 2006 p. 242). In response to the second verdict, legal experts said that, in the four years since the Yates case had been in court, the American public had become more understanding – even forgiving – of postpartum depression (Cassidy, 2006 p. 242-243). In Indiana, the case of Judy Kirby attracted national attention to the post-partum defense. Ms. Kirby, a 31-year-old mother of 10 had recently given birth. With four of her children in her car, she drove down a one-way highway the wrong way. Driving against traffic, she passed 16 â€Å"Do Not Enter† signs. Her vehicle eventually hit a minivan head on, killing the driver and his two teenage children. The four Kirby children, ages 5 to 12, were also killed; however, Ms. Kirby survived the crash. A distress note written by Ms. Kirby was found in her vehicle indicating that she was having problems coping and was experiencing relationship problems with her ex-boyfriend, who was also the father of two of her children. She was charged with seven counts of homicide, aggravated battery, and child neglect causing bodily injury, and was sentenced in 2001 to 215 years in prison (Dorne, 2002 p. 122). Another case that depicts the situation of battered women in the sense of self-defense includes the confrontation case of Commonwealth v. Stonehouse (Pa. 1989). Carol Stonehouse killed William Welsh after a series of events that the appellate court characterized as bizarre but believable because they were corroborated by disinterested witnesses. Stonehouse reported many instances of abuse, battery, assaults and threats to the authorities, but with no response issued. With all the efforts provided by Stonehouse; however, she was still charged with criminal homicide, convicted of third degree homicide, and sentenced to seven to fourteen years imprisonment (Ogle and Jacobs, 2002 p. 97). Conclusion The law provides absolute rule in terms of homicide and criminal offenses, although, certain conditions are granted with exemptions. Postpartum depression is one of the psychological defects that can be used ion order to excuse one’s self from committed murder granted the fact of evidence and reliable basis, such as with Yates. On the other hand, the case of Stonehouse’s battered experience was not excused despite of cruel and brutal experience that led her in killing for sake of self-defense. References Cassidy, T. (2006). Birth: The Surprising History of How We Are Born. Open City Books. Dorne, C. K. (2002). An Introduction to Child Maltreatment in the United States: History, Public Policy and Research. Criminal Justice Press. Forrell, C. A. , Matthews, D. M. (2001). A Law of Her Own: The Reasonable Woman as a Measure of Man. NYU Press. Freedheim etal, C. K. (2003). Handbook of Psychology. John Wiley and Sons. Ogle, R. S. , Jacobs, S. (2002). Self-Defense and Battered Women Who Kill: A New Framework. Greenwood Publishing Group. Schwartz, L. , Isser, N. (2007). Child Homicide: Parents Who Kill. CRC Press. Spinelli, M. G. (2003). Infanticide: Psychosocial and Legal Perspectives on Mothers Who Kill. American Psychiatric Pub, Inc.

Virtual Reality Essay -- Essays Papers

Virtual Reality Although some doubt the potential of virtual reality, the reality is our technologically dependent culture is making virtual reality a part of everyday life. Popular in video games, virtual reality allows the user to totally control a computerized character. Every action the user makes is imitated by the character and instantly displayed for the user. However, since the early 90’s, the use of virtual reality has developed and taken the spotlight past evolving video games. Virtual reality has already made its mark on fields such as aviation, medicine, and even meteorology. Where is this new technology heading in the future? According to the Millennium edition of the Wall Street Journal, â€Å"even conservative forecasts suggest education, entertainment, the workplace and the boundaries of human expression will be greatly transformed by virtual reality† (Cox 40). Increasingly advanced technology could put virtual reality in the driver’s seat of countless ind ustries. In recent years virtual reality has already been involved in several technological areas. Even those who have little knowledge about the production of virtual reality are most likely aware of its use in video games. However, many people may not be aware of the numerous other areas where it has been applied. For example, astronaut trainees have recently used virtual reality to simulate a trip to space. Medical students have substituted a carcass for a fiberglass mould of a body and a headset when training to perform surgery. A popular online chat is developing into a society of interactive, animated users. Introducing virtual reality to the real world has already proven to be beneficial for every industry it encounters. Welcome to the new world of virtual technology, the advantages have only begun. Virtual reality (VR), as defined by The Newbury House Dictionary of American English, is experiencing events that seem like real life by putting on special eye glasses, hearing devices ad gloves attached to a computer. With the help of these hardware devices, the VR user’s actions totally control of the computer’s resulting actions. This control sets virtual reality apart from previously developed technologies. Because of the amazingly fast processing speed of the computer, VR accepts the user’s every move and displays the differences in the virtual environment. .. ...on of any course in the world. After the ball hits the screen, it continues its path in the game. This game is extremely realistic, because the game reads the balls trajectory, power, direction and even spin when it is hit. I once played 18 holes at Augusta, one of the most premier courses in the world, and I didn’t even leave Ohio. These examples are just some of the possibilities virtual reality will bring to our future. Introducing virtual reality into the future will prove to be a benefit for our society. Several important issues involving virtual reality have previously been discussed. Surgery and surgical training are extremely crucial processes in which virtual reality has shown to be beneficial. Astronaut training is another critical procedure. Jim Newman, highly experienced in space, stated himself that without virtual reality it was â€Å"impossible† to train for certain events (Cox 40). Precise forecasts of the weather are not always easy. However, virtual reality has already been incorporated in the study of severe weather, giving forecasters more knowledge and the society more protection. The future is virtual reality, and its benefits will remain immeasurable.

French revolution Essay

Before the French Revolution, France was ruled and governed by the king, his Grand Council of ministers, and 13 courts called parliaments. King Louis XVI ruled by â€Å"divine right,† believing that he had been put on the throne by the grace of God. France then was one of the most powerful and wealthiest countries, and had a strong army, and even stronger cultural influence. (Plain, 5) Louis XVI and his wife Marie-Antoinette were shielded from the daily lives of the ordinary people in France. When Louis XVI inherited the throne in 1774, he also inherited many problems left behind by the previous king, King Louis XV. The country had been involved in the Seven Years War, also known as the French and Indian War, and was left with many debts of the war. France was divided into three groups, or estates with their own status and role to play in the country. The First Estate involved religious people in the country. The Second Estate involved all the nobles. These two estates had many privileges, and were the wealthiest group, but were only a small piece of the entire population. The Third Estate was everyone else in the country: the peasants, poor city dwellers, and the â€Å"middle class†. The Third Estate was the largest group, and had little to no power, even though it was the largest group. (Connolly, 8) In order to pay off national debts, Louis XVI increased taxes in the Third Estate, which impacted many of their lives. Because of the taxes, industry started to lag, and there were bread shortages in many places. People of the Third Estate relied on bread as their primary source of food, and when the bread ran out or the price increased, many people went hungry and riots broke out. (Plain, 19) Louis XVI shocked many people when he declared war against the British, even though they were already in massive debt because of the Seven Year’s War. King Louis XVI wanted to increase trade with America, and wanted revenge against the British for beating them in the Seven Year’s war. After the American Revolution, many Parisians were fascinated by Benjamin Franklin, the American Ambassador to France. Franklin told of the new American Republic, where representatives obeyed the will of the people. Talk about similar change spread through France. Louis XVI tried to make reforms by ending the corvà ©e in many provinces, and  outlawed the use of torture to gain information. He also granted more rights to Protestants and Jews living in France, and allowed more freedom of press. However, it was becoming harder and harder to govern with a stubborn parliament. In order to pay off debts, Louis tried to impose a tax on all landowners, not just the Third Estate. The parliament of Paris claimed that only a special assembly could approve a tax, an assembly that hasn’t been called in over 170 years, the Estates-General. (French Revolution ², 2) The Estates-General was an assembly where representatives of the three Estates could discuss what to do. Through May and into June 1789, the representatives argued about how many votes each Estate should have. The First and Second Estates bent the rules to their advantage, saying that each Estate should have only one vote, ensuring that they would win any conflict two to one. The Third Estate wanted a system of majority votes, since it would give it the most say. On Jun 17, the Third Estate broke away and declared itself the National Assembly, which was a direct offence to the people in power, including King Louis XVI. (Connolly,12) The National Assembly created a new law that gave only it the power to decide on taxes. Louis XVI banned the National Assembly from its meeting hall upon hearing this. However, on June 20, 1789, the National Assembly responded by moving to the Versailles tennis court across the street and swore the â€Å"Tennis Court Oath.† The representatives swore that they would not break apart until they had drafted a constitution for the people of France, guaranteeing rights to the French people. Many lower-ranking clergy and a number of nobles broke away from the First and Second Estates to join the National Assembly. Louis feared the combined strength of this group, and could see that people were rising up against him. (Connolly, 14) In order to show the French his power, Louis hired foreign soldiers to go to Versailles and Paris, and fired the popular minister Jacques Necker. However, with the public and numbers from the other two Estates on its side, the Third Estate stood strong. The king, not wanting an outright revolt, ordered the representatives from the First and Second Estates to join the National Assembly to show that he accepted the change in mood, which then changed its name to the National Constituent Assembly. The French people wanted complete victory for the representatives of the Third Estate. They were mad that the king brought foreign soldiers in to France and fired Jacques Necker. On July 12, 1789, full scale rioting began, with symbols of the king’s power the main targets. Crowds of people gathered at the Hà ´tel Invalides, the place where the army stored their guns, and demanded arms to fight with. They rioters were able to get about thirty-thousand muskets and several cannons. However, they obtained very little gunpowder and few bullets. Upon hearing that the gunpowder and ammunition have been moved to the fortified prison, the Bastille, for safekeeping, thousands of people went to swarm the Bastille. The Bastille was originally built as a fortress, with walls five feet thick, but was now used as a political prison, but held very few prisoners. The crowd attacked shortly after noon on July 14, and Bernard de Launey, the man in command at the Bastille, agreed to surrender to the crowd if he was not harmed. But, the crowds took Launey prisoner, and soon after cut off his head and mounted it on a pike. (Corzine, 44-46) When Louis XVI was informed of the fall of the Bastille, he exclaimed, â€Å"But, this is a revolt!† The official who informed him told him, â€Å"No, Sire. It is a revolution.† (Plain, 29) In August, the National Assembly wrote the Declaration of the Rights of Man and Citizen, influenced by America’s Declaration of Independence. The Declaration of the Rights of Man and Citizen called for political power to be shared by every individual, for the right of religious freedom, and the rule of law. (Plain, 30) On October 5, 1789, thousands of women gathered at the city hall in Paris demanding bread. They disarmed guards and collected weapons and set out to Versailles to see the king. Along the way, a number of men and women joined them armed with scythes, heavy sticks, pikes, pitchforks, and knives. After the king was led back to Paris, he was literally held under house-arrest as a hostage. Louis XVI was convinced by his advisors and the queen to flee Paris and the entire royal family fled under the cover of the night. Many deputies feared that, with the king gone, foreign armies could invade France. The family’s flight was thwarted when they were recognized, a nd were led back to Paris as a prisoner in disgrace, and to many, a traitor. (Corzine, 63-65) By August 30, 1792, France was in a state of terror. The stronghold of Verdun was under siege by the Duke of Brunswick’s armies, which would give the enemy an open road to Paris if it fell. On September 2, news reached Paris that Verdun had fallen. On that September afternoon, terrible massacres occurred. Priests were dragged from their coaches and killed. Mobs stormed the Carmes prison and killed the priests imprisoned there. They were brought to a mock trial, and then executed. The killings lasted for five days, and over fourteen hundred people were killed. Nearly all the prisons in Paris were attacked and the prisoners murdered. (Corsine, 79-81) By 1792, members of the Jacobin club had taken control. The Assembly declared war on Austria and Prussia, but were easily defeated. As the enemy armies marched towards Paris, the people panicked. On August 10, about twenty thousand French revolutionaries stormed the Tuileries palace, forcing the royal family to flee. By then, many of the Revolution’s former leaders had left the country. In September, the French army defeated the Prussians. The National Assembly then voted and renamed itself the National Convention, which adopted the slogan Liberty, Equality, Fraternity. The Convention then immediately abolished monarchy, and, on January 15, 1793, the Convention found the king guilty of â€Å"conspiring against liberty.† The king was escorted to the guillotine on January 20, 1793, and was quickly executed, becoming a symbol of the Revolution. (Connolly, 32) Following the death of Louis XVI, France was waging war with nearly every European power, including England, the Netherlands, Spain, Austria, and Prussia. There was also a small civil war in France, with the Royalists and the pro-Church people against the Revolutionaries. To help France through the war, the National Convention created the Committee of Public Safety, led by Maximilien Robespierre, the leader of the Jacobin Club of Paris. Robespierre stressed the need for a center of opinion and was enemies with many members of the Convention. The Committee of Public Safety tried to de-Christianize France, and created a completely new calendar. The Committee of Public Safety soon led the country into what is now known as the Reign of Terror. During the Reign of Terror, possible enemies of the Revolution were executed. Over sixteen thousand people from all classes were sent to the  guillotine, and flags now had the phrase Liberty, Equality, Fraternity, or Death! But, in July 1794, Rob espierre was sentenced to the guillotine, and his followers followed swiftly. (Plain, 35-38) The National Committee created a constitution that gave power to a five-member Directory, and two legislative bodies. The Directory had serious problems it had to face, such as supplying France with food and goods. Much of France’s population was starving. A little-known officer, Napoleon Bonaparte, supported the Directory and was able to help France in times of need. Several politicians overthrew the Directory on November 9, 1799, and created a new constitution which supposedly gave power to the Consulate, but actually gave all the real power to the First Consulate, which Napoleon Bonaparte was elected into. (Connolly, 44-45) Napoleon Bonaparte established the Bank of France, strengthened the school system, made government jobs, and established a code of justice known as the Napoleonic code. France also conquered many European countries, and by 1806, France controlled much of Western Europe. Napoleon soon became more and more powerful. He changed the constitution in order to give himself even more power, and declared himself Emperor of France soon after. The French believed that their lives were better under Napoleon, even though this was not the ideas of the Revolution. The French Revolution and the American Revolution were similar and different in many ways. The American’s wanted to break away from Great Britain, while France just wanted to get rid of the monarchy. During periods in the French Revolution, over seventeen thousand people were sent to the guillotine to be beheaded. During the war, America had France and Spain on its side and was against only Great Britain. France, however, was on its own, and had to fight against five countries. The French sent the king and queen of France to the Guillotine, but the Americans did not harm physically harm the royal family in any way. After the war, America had two forms of government. One was the Articles of Confederation, which gave too much power to the states, and another one was the Constitution of the United States. The French had four forms of government. The first was the National Assembly, the second  was the Committee of Public Safety, the third was the Directory, and the fourth was t he Consulate. For the French, their lives were better after the Revolution and once Napoleon was the First Consulate. The French Revolution was truly a revolution. The French Revolution was a real revolution because there are political changes, social changes, and economical changes. After the war, the French have overthrown the monarchy, and replaced it with the Directory. However, the Directory then fails, and is replaced with the Consulate. The people’s lives improved after the Revolution. The school system was better, and there were more jobs for people who could qualify. Napoleon established the Bank of France and improved the economy. Napoleon had improved the areas of education, justice, and business after the war, making the French Revolution a real revolution.

Materials Management Proposal - 1445 Words

Materials Management Proposal Laura Dean 2/7/2011 Materials Management Proposal Materials and operations management play a crucial role in the success of any organization. Of particular importance to the materials and operations divisions is management’s complete understanding of the hospitals functions as a whole entity. After reading this paper, one will understand the importance of materials management and operations management as well as how both departments must work together to ensure the hospital runs efficiently and maintains profitability. Furthermore, one will also understand the importance of a supply chain and possible constraints to the implementation of the process. Additionally, one will understand the effects of a†¦show more content†¦The most beneficial way for hospitals to overcome constraints as well as reduce costs is to automate the supply chain. â€Å"Supply automation is the use of technology to streamline inventory, consumption, charging and ordering procedures. Examples of this include the use of bar codes or radio frequency identification to identify and track inventory as it moves throughout the supply chain† (Sentient Health, 2007, p. 2). However before implementation can begin, the hospital must evaluate the advantages of automation as well as the factors the hospital must consider when deciding to implement such a system. According to Sentient Health (2007), the advantages of automation include â€Å"reduced manual effort, greater information accuracy, improved inventory performance, improved cash flow, improved space utilization, and improved purchasing decisions† (p. 3). While understanding the benefits of such a system is important to the process, knowing which areas the system will have an effect on is detrimental to the hospitals implementation success. Factors to consider before implementing such a system include â€Å"mobility, ease of use, cost/budget/objectives, flexibility/ease of integration, and reporting† (Sentient Health, 2007, p. 3). Effects and Justification of a New Collaborative Planning Process Although automation is one option for the hospital to reduce costs and improve supply chains, other options such as sales and operations planningShow MoreRelatedCorwin Corporation Case Analysis1005 Words   |  5 PagesCase Study: Project Selection and Change Management In a Kerzner (2003) case study, Corwin Corporation is an internationally known rubber products manufacturer with a reputation for quality. Corwin’s management is conservative and favors expanding markets for existing product over new product development. The company receives frequent requests to manufacture specialty products. A strict management policy and a risk adverse culture results in a 90% no bid on specialty product inquiries. 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