The Effects of Punishment and Sentencing Essay Example for Free

The Effects of Punishment and Sentencing Essay When a defendant is sentenced, there are philosophical reasons behind this sentencing. The four basic reasons are rehabilitation, deterrence, retribution, and incapacitation. Because this process is sensitive, guidelines have been made to ensure that presumptive sentences are mandatory. Rehabilitation is considered one of the most humane goal of punishment. There are different ways a judge can impose a rehabilitation sentence. For example, a young woman is arrested for public drunkenness. The judge could sentence the young woman to 10 days in jail or reprimand her to a 28-day program for the alcohol charge. The second philosophical reason for sentencing is deterrence. To deter is to encourage something through fear. In this case, if you fear losing your freedom, one is encouraged to obey the law. Deterrence not only looks for retribution but also looks to punish the defendant to a point whereas they would not have a desire to commit another crime. Deterrence can take two forms, general and specific. The general deterrence punishes the criminal, dissuading them from committing the same crime. The specific deterrence expects that a harsh sentencing will prevent the offender from committing any future activity. There are some questions regarding general deterrence. Because it assumes that, a person will commit a crime after rationalizing the pros and cons. This theory proves to be false with adolescences. Incapacitation is another amongst the four philosophies. This form of punishment is not interested in providing resources to eliminate criminal activity. This form wants to incarcerate the defendant and keep them that way for as long as possible. This is one way to ensure that the defendant is not committing any crimes. However, studies have shown that once released, an offender is more likely to commit a crime than before they were incarcerated. Finally yet importantly is retribution. This philosophy states that if a person commits a crime than he or she should be punished based on the degree  of the crime. This relies on the principle of just deserts which says that a criminal deserves to be punished. Retribution is not the same as revenge it is a way of paying society back. Sentencing is not an easy task for a judge, but legislative laws have made it a little easier. Legislatures are responsible for determining the length of the sentence as they are for making the law. They have also created penal codes as a guideline; one of them is to determinate sentencing. If the defendant is sentenced to one year in jail then that defendant must do a year minus the good time. As an example, a defendant is sentenced to a year but may only have to do eight months based on their good behavior. Indeterminate sentencing sets a minimum and a maximum amount of time that a criminal must serve. For instance if a defendant was sentenced to 10 15 years, he or she would have to serve at least 10 years, before being considered for parole. Legislatures have passed the truth in sentence law as well. It requires that serious crime offenders must complete 85% of their sentence, without good time conditions. The final decision is based on the judge. The primary factor is the behavior of the defendant and or the severity of the crime. There are circumstances as expected, this is why there are two rules, and they are aggravating and mitigating. A harsh sentence can be ruled under aggravating circumstances or a lesser one can be ruled if the circumstances are mitigating. A judge considers other factors as well regarding the sentence guideline such as mandatory sentence and habitual offender laws. Mandatory sentence states that a judge must not deviate from setting form standards. The habitual offender law states if a person commits a felony, their 3rd time for sentencing should be harsh. Debates surrounding capital punishment have advocates stating they just want criminals to be punished based in their crimes (just desert). While those who oppose say, their method is just an act of revenge. Nuechterlein (2000) describes vengeance as punishment inflicted in retaliation for an injury or  offense, he says if you consider that, any punishment towards a crime constitutes as vengeance. I do not agree with this authors concept; however, I understand his point of view. The other article that I viewed opposed the death penalty. The authors pointed out the methods used for capital punishment are cruel and unusual and violate the Eight Amendment. Kaverny (2008) cruel and unusual punishment satisfies the desire for private vengeance. We are all inclined to evaluate harms to ourselves and our loved ones are more deserving of a punishment, than injury to others. This debate influences decisions for punishment because many states believe that if they continue to hand out the death penalty, crime will decrease. References Kaveny, C. (Feb 15, 2008). Justice or vengeance: is the death penalty cruel unusual? (Columnist) (Essay). Commonweal. 135.3 9(1). Opposing Viewpoints Resource Center. Retrieved April 27, 2009, from Apollo library http://galegroup.comNuechterlein, J. (2000). Capital Punishment Deserves Caution Support Current Controversies: Capital Punishment. Greenhaven press. Opposing Viewpoints Center. Retrieved April 27, 2009 from Apollo library http://galegroup.com

The Web and Education Essay -- Teaching Learning Technology Papers

The Web and Education I read somewhere that everybody on this planet is separated by only six other people. Six degrees of separation. Between us and everybody else on this planet.(1) —John Guare The Chronicle of Higher Education recently reported that Internet researchers at the University of Notre Dame (Barabà ¡si, Albert, and Jeong, 1999) discovered that, on average, due to the hypertext links, any two Web pages are only 19 clicks away from each other. The research loosely follows the earlier work of Stanley Milgram, a social psychologist at Yale University. In the 1960s, Milgram demonstrated that any two individuals were linked by five mutual acquaintances. It was this theory about human relationships that the character Ouisa reflects upon in John Guare's famous play Six Degrees of Separation in the quote above.(2) Like the intricate web of human relationships, the Notre Dame researchers' 19 clicks of separation theory poses an interesting notion about the potentiality of Web pages and their complex inter-relationships. As the number of Web pages grows phenomenally, it's not hard to imagine that the information and knowledge you are seeking in your research and education may one day be only five clicks away from where you start surfing on the Web. It is precisely the vast interconnectivity of the Web that makes it an especially intriguing new education medium or tool. Consequently, the Web is emerging as an important and potentially primary infrastructure for any time, any place learning in the future. Many higher education institutions in the US are already eagerly jumping on the Web bandwagon. According Khan in the preface of a recent textbook on Web-Based Instruction (Khan, 1996): †¦the Int... ...2-bin/printable.cgi Kilian, Crawford (1998). F2F Why Teach Online, Educom Review (p. 31-34). Nardi, Bonnie A. and O'Day, Vicki L. (1999). Chapter Four: Information Ecologies. Information Ecologies: using Technology with Heart. [On-line]. Available: http://www.firstmonday.dk/issues/issure4_5/nardi_chapter4.html Oliver, Ron; Herrington, Jan; and Omari, Arshad. (1996) Creating Effective Instructional Materials for the World Wide Web. [On-line]. Available http://www.scu.edu.au/sponsored/ausweb/ausweb96/educn/oliver/ Oppenheimer, Todd. (1997). The Computer DELUSION. The Atlantic Monthly. [On-line]. Available: http://www.theatlantic.com/issues/97jul/computer.htm Ryder, Martin and Wilson, Brent. (1996) Affordances and constraints of the internet for learning and instruction. [On-line]. Available: http://wwcudenver.edu/~mryder/aect_96.html

Project Management E-Mail Essay

Recommendation for Piper Industries Corporation Project Management Dear Project Manager: After reviewing the information that was provided in a previous email regarding the three projects coded, Juniper, Palomino and Stargazer, I believe it will be more beneficial for the company to use the Palomino project. In my personal analysis, with the Juniper project, there is just too much low risk with completion on time, and with the Stargazer Project, although forecasted ROI within the next three years looks promising, there is potential of extra costs, questions of how familiar the customer will be with the final product and not sure if it is worth the high risk of completion. I arrived to the decision of using the Palomino Project using the feasibility study method. Further analysis showed that it just made more sense for the company to use the Palomino approach because it answered all of the questions concerning Return On Investment, the risk involved to complete the project, and more important is the benefit overall to the company. Using the same method with the other two projects did not present the same information. WWW.projectinsight.net defines management as â€Å"the application of knowledge, skills, tools and techniques to a broad range of activities in order to meet the requirements of a particular project.† (Project Insight, 2014). The process is further divided into 5 phases: 1. Conception and Initiation – This phase is the bringing thought to paper or is the creation of the project, making sure it is realistic and is something that will benefit the organization. 2. Definition and Planning – This phase is where the plan is put together, this is where the team develops the blueprint of the project, resources, costs and setting priorities. 3. Launch and Execution – In this phase the tasks are further defined and assigned to specific team members for action. 4. Performance and Control – In this phase, project managers  will check progress and status against the plan to see if project is progressing as plan and make necessary adjustments if necessary to en sure the project stays on target. 5. Close – In this phase, the project manager assesses the final outcome of the project to make sure it met expectations that was originally planned from the beginning. This where the project manager will also conduct evaluation of what transpired during this project and highlight specific successes and lessons learned during the process of completing this project. Key Deliverables The key deliverables for the Palomino Project are as follow: Introducing a new line of widgets, that will include enhancements. There is existing technology that will be used for these new enhancements and by doing so will help the company long term by investing capital in other areas and benefiting from the Return on Investment from this project. Reference Project Insight. (2014). 5 Basic Phases of Project Management. Retrieved from http://www.projectinsight.net/project-management-basicss

Henry Viiis Succession Acts - Free Essay Example

Sample details Pages: 5 Words: 1624 Downloads: 2 Date added: 2017/09/18 Category Advertising Essay Type Argumentative essay Did you like this example? 148. 216 Document Exercise, Assignment 1. Student ID # 99245875 THE FIRST SUCCESSION ACT, 1534. The Act of Succession 1534 is a statute issued by the English Parliament under the reign of King Henry VIII, which confirmed the annulment of Henry’s marriage to Queen Katherine and validated Henry’s marriage to Anne Boleyn. Also, through this Act the line of succession moved to the children of his marriage to Anne, or any future marriages, effectively removing Mary, Henry’s only surviving child from his marriage to Katherine of Aragon, as heir. Furthermore, the Act contained a clause that subjects must swear an oath recognising the terms of the Act, any refusal would be held as a treasonable offence. A predominant pre-occupation of Henry during his reign was to establish a clear line of succession for the Tudor dynasty. When his marriage to Catherine of Aragon failed to produce a male heir, Henry became convinced this was punishment under devine law for mar rying his dead brother’s wife (Lotherington, p. 71). He petitioned the Pope for an annulment of the marriage, however the Pope was under the influence of Charles V of Spain, Katherine of Aragon’s nephew, and ultimately refused Henry an annulment (Robinson, 2010). Henry also had ambitions to marry his mistress Anne Boleyn. There followed numerous Acts of Parliament instigated by Henry and his close advisors; beginning with the Act in Restraint of Appeals, which stated that ‘no appeals were to be made from England to Rome in any matters concerning wills, marriages, or payments to the Church; cases were to go no further than the Archbishop’ (Lotherington, p. 4), that paved the way for a break from the papacy enabling Henry to fulfil his personal ambitions. The main claim in relation to grounds for annulment of Henry’s marriage to Katherine was that it was incestuous, therefore illegal, as Katherine had previously been married to Henry’s broth er Arthur, despite Katherine’s solemn claim that her marriage to Arthur had never been consummated (Fraser, pp. 139-40). With the backing of Thomas Cranmer; a key figure in Henry’s reformation policies, (Cranmer had replaced Wolsey as Arch Bishop of Canterbury in 1533 after Wolsey’s failure to obtain for Henry an annulment from the Pope (Lotherington, p. 2). ) Katherine’s claims were disregarded, ‘being before lawful wife to Prince Arthur your elder brother, which by him was carnally known’ (Act of Succession, 1934), thereby allowing Parliament to deem the marriage ‘against the laws of Almighty God’, therefore annulled. The Act goes on to declare the marriage of Henry VIII and Anne Boleyn (secretly married by Thomas Cranmer in January 1533, as Anne was pregnant and Henry was desperate for the child to be legitimate (Fraser, p. 187)), valid. The validation of this marriage on Cranmer’s ‘grounds of judgement’ is said in the Act to be confirmed also by ‘the whole clergy of this realm in both the Convocations, and by both the universities thereof, as by the Universities of Bologna, Padua, Paris, Orleans’ (Levine, 1973). Here again Cranmer’s role in the annulment is significant. It was at the suggestion of Cranmer, before his elevation to Arch-bishop (and possibly partly as a result of), that Henry ‘gather enough support to persuade the Pope of the justice of his cause royal agents were sent to universities across Europe to win backing for the King’s cause’(Lotherington, p. 79). While the support garnered may have been ineffective in persuading the Pope, it is almost certainly used as a persuasion tool to back the validation of the annulment to Katherine; and marriage to Anne. Henry’s ambition to secure a Tudor line of succession aligns in the Act with his marriage to Queen Anne. Accordingly the order of succession went ‘first to the King’s sons by Queen Anne and their heirs, second to the King’s sons by future wives and their heirs, third to Princess Elizabeth. ’ (Levine, 1973). Glaringly obvious in this order of seniority is the absence of Lady Mary, Henry’s only surviving child from his marriage to Katherine. Due to the annulment Mary, the previous rightful heir is omitted from of the line of succession leaving Princess Elizabeth, child of Henry and Anne, heir presumptive. Also contained in Henry’s First Succession Act was a clause whereby all subjects must take an oath swearing to the contents of the Act, refusal would be an act of treason. It also became a treasonable offence to speak, act or write; against the King, against his marriage to Anne, against his heirs by this act (Levine, 1973). Through this clause Henry has laid a pre-emptive strike against anyone who might challenge the legitimacy of his marriage and heirs. Significantly, this highlights Henry’s use of Parliament to ensure his personal ambitions were carried out and demonstrates the shift in subordination of canon law to statute law during Henry’s reign. THE SECOND SUCCESSION ACT, 1536. The Second Succession Act of 1536 (repealing the First Act of Succession, 1534), following the conviction and execution of Anne Boleyn for adultery and treason, cites Parliamentary legitimization of Henry’s marriage to Jane Seymour and the line of succession passing to the lawful issue from this marriage. The Act declared both Henry’s marriage, to Katherine; and to Anne, to be void and also illegitimized the issue from each marriage, this being Mary and Elizabeth. This Act effectively left Henry VIII with no legitimate heir until the birth of Edward in 1537. The Act cites Parliamentary validation for Henry’s next choice of wife, Jane Seymour with praise for her ‘convenient years and pureness of flesh and blood’ (Williams, 1967). This highlights th e unprecedented power of Parliament and King in relation to what had been previously Church matters. In comparison to the First Act, where Henry’s marriage to Queen Anne is ‘solmenized’ by Cranmer, who held the highest church position in England as the Arch Bishop of Canterbury; in the Second Act, Henry’s marriage to Queen Jane is solemnized according to the laws of Holy Church, which by now meant the Church of England; which Henry established and claimed himself to be head of after the Act of Supremacy in 1534 (Lotherington, p. 85). Significantly this highlights the complete break with Rome and the shift in power from papal authority to the unprecedented power of the King, as head of state and church. In the Act, Parliament acknowledges Henry’s perceived ‘intolerable perils’ that he has had to endure through his ‘unlawful’ marriage to Katherine, with the inclusion now also of his ‘unlawful’ marriage to A nne. Significant in the Second Act in regards to Henry’s previous marriage to Katherine, is the comparison of wording with the First Act, in which Parliament deems the marriage to be ‘void and annulled’ (Levine, 1973); in the Second Act Parliament deems the marriage as ‘void and annihilate (Williams, 1967)’. The wording in the First Act acknowledges that a marriage did exist but was revoked due to the lawlessness of the union, the Second Act uses the word ‘annihilate’ implying that the marriage never existed, thereby lending weight to the credibility of the exclusion of Mary as a rightful heir. Again Henry’s pre-occupation with producing a male heir to succeed the throne and ensure a strong stable line of succession is evident in this Act. Albeit the birth of Elizabeth, Henry’s marriage to Anne failed o produce the desired male heir and Henry became disillusioned with Anne’s ability to do so (Fraser, p. 232). The timely execution of Anne Boleyn in 1536 allowed Henry to disentangle himself from his marriage to Anne without a drawn out legal struggle as there had been with Katherine. The only problem that needed to be addressed with regards to this marriage, it seems, was to declare it void, to be able to justify the displacement of Elizabeth as rightful heir and ensure succession to a male heir from his next union, that to Jane Seymour. Hence the inclusion in the Act that any children from either previous marriage ‘.. shall be taken reputed and accepted to be illegitimate and utterly foreclosed excluded and barred to claim challenge or demand any inheritance as lawful heir or heirs to your highness by lineal descent’ (Williams, 1967) in reference to both Mary and Elizabeth. This enforcement by Parliament declaring both Mary and Elizabeth bastards effectively left the King without an heir apparent. However, provision is given in the Act ‘that all issue, hereafter to be had and procreate between your highness and your queen Jane, shall be your lawful children and heirs’ (Williams, 1967), this in conjunction with the repealing of the First Succession Act, established that the next in line of succession would be ‘the first son of your body between your highness and your said lawful wife queen Jane begotten’(Williams, 1967). Henry’s ambitions were realised with the birth of Edward, his son by Queen Jane, in 1537. Significantly, the strategies used by Henry to secure a male heir, of which both the First Succession Act 1534 and Second Succession Act 1536 were part, instigated widespread radical changes in the role of church, state and monarch in England that became known as the ‘Henrician Reformation’ (anon). Ultimately, and perhaps unwittingly of Henry, due to his personal obsession with a male heir, these changes can be questioned as fast-tracking the revolutionary Protestant Reformation in England. BIBLIOGR APHY Levine, First Succession Act, 1534. From 25. Henry VIII cap. 22; Stat Realm iii. 471-4, 1973, pp. 151-53. (provided Course Material), 1973. Lotherington, J. (ed), The Tudor Years, London: Hoddler and Stoughton, 2nd ed. , 2003. Fraser, A. , The Wives of Henry VIII, New York: Alfred A Knopf, Inc. , 1992. Robinson, B. , An Overview of the Reformation, retrieved 25 June 2010 from https://www. bbc. co. uk/history/british/tudors/reformation_overview_0 Williams, The Second Succession Act, 1536. St. 28 Hen. VIII, c. 7 (Stat Realm, III, 655)1967, pp. 452-53. (provided Course Material), 1967. Don’t waste time! Our writers will create an original "Henry Viiis Succession Acts" essay for you Create order