North Carolina's Criminal Justice Process Essay

North Carolina's Criminal Justice Process - Essay Example This principle is expressed in the maxim ‘Nullen Crimen, Nulla Poena, Sine Lege’, a Latin phrase which means ‘there is no crime, there is no punishment, without law’ (Schebb, 1999). Criminal law distinguishes between serious crimes, known as felonies, and less serious offenses, called misdemeanors. Generally speaking, felonies are offenses for which the offender can be imprisoned for more than one year. Common examples of felonies include murder, rape, kidnapping, arson, assault with a deadly weapon, robbery and grand larceny (Mitchell 2008). The common law developed a doctrine where an accused is engaged in the commission of a felony and a homicide occurs, the felonious act is regarded as a substitute for the proof of malice aforethought required finding the defendant guilty of murder. Thus, it becomes felony murder where an accused unintentionally killed a human being while committing or attempting to commit, such common-law felonies as burglary, arson, rape, or robbery. The theory is that if a killing resulted, even though unintentional or accidental, the required malice is carried over from the original felony. Consequently, the felon would be found guilty of murder (Schebb, 1999). Although of dubious ancestry, the felony murder doctrine has been incorporated into most criminal codes in the United States even in North Carolina (Hall, 2000). With the proliferation of crimes classified as felonies, legislatures have generally limited its applicability to felonies, involving violence or posing great threat to life or limb. Felony murder statutes have produced much litigation in the criminal courts (Hall, 2000). Some of the question raised include-can a felon ho perpetrate an offense be guilty of felony murder where the victim of the intended offense kills a co-felon or -should the felon committing a crime such as robbery be guilty of felony murder if a police officer mistakenly kills the felon’s intended victim? And -can a felon be guilty of

Subcultural Theories of Youth Culture

Subcultural Theories of Youth Culture Subcultural theories of youth culture owe much to the pioneering work of the Centre for Contemporary Cultural Studies (CCCS) during the 1970s and early 1980s. The CCCS make use of the term subculture from US sociologists at Chicago University, and applied it to visually distinctive post-World War II British working class youth cultures, such as teddy boys, mods, and skinheads. Sociologists today employ three primary theoretical perspectives: the functionalist perspective, the Marxist perspective and the post-modernist perspective. These perspectives offer sociologists theoretical paradigms for explaining how society influences people, and vice versa. Each perspective uniquely conceptualises society, social forces, and human behaviour. FUNCTIONALISM Functionalism is the oldest, and still the dominant, theoretical perspective in sociology and many other social sciences. According to the functionalist perspective each aspect of society is interdependent and contributes to societys functioning as a whole. Functionalists see society as having a structure, with key institutions performing vital functions, and roles directing people in how to behave. They identify the functions of each part of the structure. For example, the state, or the government, provides education for the children of the family, which in turn pays taxes on which the state depends to keep itself running. This means that the family is dependent upon the school to help children grow up to have good jobs so that they can raise and support their own families. In the process, the children become law-abiding, taxpaying citizens, who in turn support the state. If the process succeeds the parts of society produce order, stability and productivity. On the other hand, if th e process does not go well, the parts of society then must adapt to recapture a new order, stability, and productivity. For example, as we are presently experiencing, during a financial recession with its high rates of unemployment and inflation, profit and salary reduction, social programs are trimmed or cut. Families tighten their budgets while employers offer fewer business programs, and a new social order, stability and productivity occur. Functionalists believe that society is held together by social consensus, or cohesion, in which society members agree upon, and work together to achieve, what is best for society as a whole. Emile Durkheim suggested that social consensus takes one of two forms: Mechanical Solidarity: This is a form of social cohesion that arises when people in a society maintain similar values and beliefs and engage in similar types of work. Mechanical solidarity most commonly occurs in traditional, simple societies such as those in which everyone herds cattle or farms. Amish society exemplifies mechanical solidarity. Organic Solidarity: This is a form of social cohesion that arises when people in a society are interdependent, but hold to varying values and beliefs and engage in varying types of work. Organic solidarity most commonly occurs in industrialised, complex societies such as those in large American cities like New York in the 2000s. Leading functionalists include Emile Durkheim and Talcott Parsons. Robert Merton (1910), who was a functionalist as well, developed his theory of deviance which is derived from Durkheims idea of anomie. It is central in explaining how internal changes can occur in a system. For Merton, anomie means a discontinuity between cultural goals and that accepted methods available for reaching them. Merton (1968) has proposed a number of important distinctions to avoid potential weaknesses and clarify ambiguities in the basic functionalist perspective. First, he distinguishes between manifest and latent functions. Manifest functions are recognised, intentional and obvious, while latent functions are unrecognised, unintentional, and thus not obvious. Merton used the example of the Hopi rain dance to show that sometimes an individuals understanding of their motive for an action may not fully explain why that action continues to be performed. Sometimes actions fulfil a function of which the acto r is unaware, and this is the latent function of an action. Second, he distinguishes between consequences which are positively functional for a society, those which are dysfunctional for the society, and those which neither. Third, he also distinguishes between levels of society, that is, the specific social units for which regularised patterns of behaviour are functional or dysfunctional. Finally, he maintains that the particular social structures which satisfy functional needs of society are not indispensable, but that structural alternatives may exist which can also satisfy the same functional needs. Merton expanded on the idea that anomie is the alienation of the self from society due to conflicting norms and interests by describing five different types of actions that occur when personal goals and legitimate means come into conflict with each other. Conformity is the typical successful hardworking person who both accepts the goals of the society and has the means for obtaining those goals. This is an example of non-anomie. Innovation refers to the pursuit of culturally approved goals by disapproved, including illegal means, in other words, they must use innovation in order to achieve cultural goals. (Example: Drug dealer who sells drugs to support a family.) Ritualism refers to excessively rigid conformity to approved goals and means, even to the neglect of the actual results; inefficient bureaucrats who adhere rigidly to the rules are the classic example of ritualism. The person who ignores and rejects the means and the goals of the society is said to be retreating from society. (For example a drug addict who has stopped caring about the social goals and chooses a drug induced reality in favour of the socially accepted lifestyle.) Finally, there is a fifth type of adaptation which is that of rebellion which refers to the rejection of approved goals and means in favor of new ones. Functionalism has received criticism as it has a conservative bias. Critics claim that the perspective justifies the status quo and complacency on the part of societys members. Functionalism does not encourage people to take an active role in changing their social environment, even when such change may benefit them. Instead, functionalism sees active social change as undesirable because the various parts of society will compensate naturally for any problems that may arise. MARXIST NEW-SUBCULTURAL THEORY Marx argues that societies result from humans getting together to produce food. The forces of production shape social relationships. In Marxist theory, class is the most important social group in the capitalist society and the mayor social configurations are class cultures. The classes are organised depending on the mode of production that determine a concrete set of relations of production: the capitalists (bourgeoisie) and the workers (proletariat). These classes are all the time in conflict and negotiation because one of them is dominant and the other is subordinate. This conflict perspective originated primarily out of Karl Marxs writings on class struggles and it presents society in a different light than do the functionalist perspective. While the latter perspective focus on the positive aspects of society that contribute to its stability, the conflict perspective focuses on the negative, conflicted, and ever-changing nature of society. Unlike functionalists who defend the status quo, avoid social change, and believe people cooperate to effect social order, conflict theorists challenge the status quo, encourage social change (even when this means social revolution), and believe rich and powerful people force social order on the poor and the weak. As we can see, most societies are based upon exploitation of some groups by others. Those who own the means of production, such as factories, land, raw material or capital, exploit those who work for them, who lack the means to produce things themselves. Thus, capitalists accumulate profits and get ri cher and richer. Eventually workers will come to realise that they are being exoploited and will overthrow capitalism and create a communist society. In communism the means of production will be communally owened, so there will be no ruling class, no exploitation and much less inequality than in capitalism. Today, conflict theorists find social conflict between any groups in which potential for inequality exists, such as, racial, gender, religious, political, economic and so on. These theorists note that unequal groups usually have conflicting values and agendas, causing them to compete against one another. This constant competition between groups forms the basis for the ever-changing nature of society. Critics of the conflict perspective point to its extremely negative view of society. The theorys ultimately central problems are: it has difficulty explaining the more orderly and stable elements of social life, it neglects or downplays the cultural and symbolic aspects of social life because it emphasises on economics and class, conflict theorists tend to assume the power differences lead to conflict but differences do not necessarily provoke conflict. POST MODERNISM Post modernist perspectives have developed since the 1980s. Some versions see important changes taking place in society, while other versions question the ability of conventional sociology to produce worthwhile theories of society. Some postmodernists argue that social behaviour is no longer shaped by factors such as class, gender, ethnicity and different types of socialisation. It is now simply a question of lifestyle choice. Finally, Post-Structuralism and Postmodernism, perspectives developed on the French intellectual scene, have had considerable influence on American sociologists in recent years (as well as on scholars in many other fields, especially literary studies). Derived from (but largely rejecting) both the Marxist tradition and the works of anthropologist Claude LÃ ©vi-Strausswho developed a structuralist theory of culturethese theoretical schools seek to account for the apparent disintegration of modern culture over the past several decades. Among the traditions major figures, such as Jacques Derrida and Jean Baudrillard, perhaps the best known is Michel Foucault, a historian and philosopher. Tracing the historical changes in societal attitudes toward punishment, mental illness, and sexuality, among other topics, he argued that knowledge and power have become inextricably entwined. Foucault stressed the disciplinary nature of power, and argued that (social) scientific discourse as one such discipline may itself need to be questioned. Sociologists in this tradition seek not only to study the world differently, but to make the production of sociological knowledge, and thus our own situatedness within structures of knowledge and power, part of the study. American sociologists influenced by this tradition sometimes call their work Discourse Analysis or Cultural Studies.

Beethoven, Bach And Bartok: Comparisons Essay -- essays research paper

Barouque Composers Still Being Played Frequently Monteverdi Lully Corelli Pachelbel Scarlatti Purcell Couperin Albinoni Vivaldi Telemann Rameau Bach Handel Gluck Baroque and Classical Orchestras – Differences <td width="50%">Baroque OrchestrasClassical OrchestrasString section and basso continuo central to the orchestra. Other instruments are occasional additions.Standard group of four sections: strings, woodwinds, brass and percussion. Different instruments treated individually.Fairly small; generally 10- 40 players.Larger than baroque; great variation to the numbers of players.Flexible use of timbres, e.g. Timpani and trumpets used generally just for festive music.Standardised sections. Most sections used regularly.Tone colour is distinctly secondary to other musical elements.Greater variety of tone colour and more rapid changes of colour. Timbre is unimportant and therefore a piece written for harpsichord could easily be rearranged for a string section.Each section of the classical orchestra has a special role. And each instrument is used distinctively.Wind instruments mainly used as solo instruments or as part of the basso continuo.The wind section had become a separat e unit capable of contrast and distinct colour.The harpsichord generally plays an ostinato under the orchestra. Piano not invented.The piano introduces a third colour-tone to be contrasted with the orchestra Baroque and Classical Concerto Form– Differences <td width="50%">Baroque Concerto FormClassical Concerto Form Concerto grosso (use of string orchestra set against a number of solo instruments) is the most popular concerto form of this period. Other forms include The ripieno concerto and the solo concerto.Symphony form develops from baroque concerto forms and becomes the new form. Shorter movements than classical form.Concerto longer than baroque from. Fairly strict structure and prerequisites, e.g. Traditional ritornello form, virtuostic displays etc.More freedom and experimentation with traditional form. First movement has solo passages extending into long sections; alternated between four or five ritornello sections. First movement constructed in a variant of ritornello form with a double exposition. Violin is preferred concerto solo instrument although the harpsichord becomes more and more popular throughout the century.The newly prominent piano tak... ...and Bart&oacute;k used instruments for solo passages that had not been used again. All demanded high performance levels from their orchestra. Both Mozart and Bart&oacute;k wrote string quartets. All had great influence on later composers, Mozart on Beethoven, Bart&oacute;k on Copeland and Bach on everyone including his twenty or so children&#61514; All were leaders in their own eras. All died tragically, all succumbing to illness. Bibliography TitleAuthor/ EditorPublisherDate James Galways’ Music in TimeWilliam MannMichael Beazley Publishers1982 The Concise Oxford History of MusicGerald AbrahamOxford University Press1979 Music in Western CivilizationPaul Henry LangW. W. Norton and Company1941 The Ultimate Encyclopaedia of Classical MusicRobert AinsleyCarlton Books Limited1995 The Cambridge Music GuideStanley SadieCambridge University Press1985 School text: Western European Orchestral MusicMary AllenHamilton Girls’ High School1999 History of MusicRoy BennettCambridge University Press1982 Classical Music for DummiesDavid PogueIDG Books Worldwide,Inc1997 Assignment Completed By: Wolff, &copy; June 2000 A: Yr 12 Musical Knowledge Research Assignment 24/05/00/Joan

Draft a Definition: Family Essay

Our ever-changing environment has impacted everything that it has even resulted to people having their own definition of words such as the word â€Å"family†. People now make their own definition of the said word based on their own personal and domestic experiences and circumstances. Gone are the old days of having one specific formal definition for the word â€Å"family† where it was also universally applied. The word family before was simply defined as a social unit â€Å"consists of a male wage earner, a non-working wife, and kids† (Lewin). It was considered as the simplest form of social organization where each member occupies a position, like being a father or mother to one’s children, husband or wife, the eldest or the youngest child. However, today there is more to the said definition. A family is defined as not only inclusive of the presence of a father or a mother with children but could also be any two or more persons living together regardless of sex orientation and preference but have commitment with each other, share the same values, and pursue the same goals. This definition may not have a legal standing in our society but various social groups asserted for its acceptance. These social groups would like to liberate the definition of the word family to pave the way for society’s acceptance as well as legal recognition especially for those who are involved in homosexual partnership where a relationship anchored on a long and deep commitment between partners was already established yet are not legally recognized. I still recognize family as a social unit but I hold a deeper meaning for it. For me a family is one that molds the character and personality of its member and in his contribution to the society. It is the building block of any society. The strength and durability of any society stems from the cohesiveness of this social unit called a family. As such I viewed family as the main link between the individual and the society. This is where the person or the child first gains experiences in love, affection, kindness, sympathy, and the like. The child gets oriented into the culture of the group, its norms, goals and types of consensus and sanctions. Indeed, the family is that social unit which has a pervasive influence on the individual’s behavior, even up to adulthood. It acts as the social laboratory which prepares the child for life in the bigger society, and that it is the family which is the first, the closest, and the most influential social group in the child’s life. Also, a family being a social system makes each member, from the youngest to the oldest, regardless of other personal circumstances essential to the working of the said system. Further, a family is one that provides a child with a fertile ground to build a solid foundation of who he will become in the future. It prepares the child to the outside world and also to the next life cycle. A family is something that is always there for its member no matter what and no matter when. Indeed, a healthy family may not necessarily have a father or a mother or both but it can bring people out of themselves as they recognize others. They heal, bind, and foster intimacy. They bring the sense of belonging, of feeling worthwhile, and develop a sense of individuality. Members of the family realize their unique dignity. These virtues are often overlooked in families, or are considered secondary or only expressed to friends, when they truly are the foundation of a healthy, functioning family. Reference List Lewin, Tamara. Suit Over Death Benefits Asks, What is a Family? Retrieved March 10, 2007 from http://www. cs. cmu. edu/afs/cs. cmu. edu/user/scotts/domestic-partners/family. html.

Globalization Is Good Essay

Taiwan: Discussion questions 1. How has ‘land reform’ contributed to the rapid industrialization of Taiwan? Back in the 1950s the government of Taiwan started to offer yields of land for families to own and operate off of. The land, which was supplied with food/crop, released man power for industry to prosper. As the government distributed the land, the owners took advantage. Taiwan’s rural beginnings lead to industrial wealth like Mr. Wang, shown in the film. These people’s homes acted as factories inside and out. There was originally cheap labor and long hours which allowed Taiwan to offer cheap goods for western markets. 2. What role have ‘Sweat Shops’ and long hours played in Taiwan’s ‘rags to riches’ story? The cheap labor and long hours of the sweat shops laid the groundwork for the prosperous future of the Taiwanese. This was encouraged by the reforming government at the time. All of these sweat shops were producing cheap goods for Western markets. The work was indeed long and hard but it was a crucial step in Taiwan’s road to riches. 3. The forces unleashed by rapid industrialization brought increased competition for labor in Taiwan. What impact did this increased competition have on wages and the standard of living of the Taiwanese people? Increased competition meant only the really competitive companies survived. Companies like ACER responded to increased competition with innovation. They invented devices like the first desktop calculator and the pen watch. They were training thousands of engineers every year in order to produce these high tech goods for other markets to buy. The leaders of ACER strive to make their products the best and therefore others rely on them for success. 4. According to the global computer giant ‘ACER’ which is based in Taiwan, what are the keys to Taiwan’s economic success? Taiwan’s economic success can be credited to the easy access to start a business in the country. Statistics show that 1 in every 6 families have/had their hands in on their own business. In other terms, Taiwan has less bureaucracy and restrictions than other countries and opens up doors for entrepreneurial families. A deregulated economy has opened doors for many men and women. 5. Taiwan has thrived in the global economy by specializing in what they do best! How have they managed to survive and prosper without producing their traditional rural products? Are there any dangers in this approach? When adults moved into factories and off the rural fields, they could afford to educate their children and therefore prepare them for a promising future in business ventures such as IT. Prosperity can then increase the return on the education. A good analogy they used was that the parents developed the boxes on the shelves and the kids produced the goods and software inside. Taiwan is constantly exposed to foreign competition which they take advantage of. 6. What role has globalization played in the increased wealth and improved political freedom of the people of Taiwan? Taiwan is a democracy, unlike 40 years ago when it was a dictatorship. There was a rapid transformation after the fall of their dictatorship. In the 1980s, Taiwan started to produce high tech gadgetry and the middle class started to rise and gain more freedom whether it be politics or economic rights. These laid the foundation for their stable democracy. Some even venture to call this Americanization. Taiwan has credited the businesses that have produced the best around the world as they work to adapt and expand (ie. Starbucks). Vietnam: Watching the Program: Discussion questions 7. What limits are placed on the employment of children in Nike factories in Vietnam? They do not employ any children under the age of 18 for footwear and age 16 for apparel. Child labor was outlawed in Vietnam in 1988 which allowed more room to educate the youth. What penalties are self-imposed by Nike on its factories if under-aged workers are discovered on site? The factory is responsible to pay the money for that child to complete school and continue paying them their wage. 8. Using the table that follows compare the life and conditions of Vietnamese factory workers working for Nike with the conditions of workers on farms or in State owned enterprises? What conclusions can you make from this? The business is good and Nike and doesn’t show any signs of letting down. The management of the company is also viewed as a strong aspect. Employees of Nike, who formerly worked on the farm, weren’t getting paid as much as on the farm- now they are getting as much as 5x more. By hearing these people interviewed and seeing how pleased they are, it is difficult to see what the anti-globalists are so stressed out about when it comes to companies like Nike. They seem to be â€Å"doing the right thing.† 9. What negative impacts for less developed countries and their workers can come from anti-globalization groups promoting boycotts of goods produced by multinationals such as Nike? It has the threat of scaring them away from businesses such as Nike when really it can benefit their economy. These anti-globalization groups do not see what Nike has done for the people of Vietnam. The rumors and perceptions they feed the public makes Nike look bad. 10. How has the workplace practices of Nike impacted positively on other workplaces in Vietnam? Nike’s growth in Vietnam has helped to stimulate the economy. Other workplaces look to model themselves off of them. The perception of Nike from the public is that they have a very good management, they have a clean and safe workplace, and they have very high employee satisfaction. All of this leads to increased output and increased profits. 11. How has Nike encouraged the growth of small businesses in Vietnam? Nike encourages others to start business in Vietnam by distributing loans to get them going. Many have prospered from this and business is now strong for them. 12. Will multinationals leave countries such as Vietnam once wage rates improve? What is the reaction of multinationals to this sort of argument? In the film, one man points out that Nike has been in countries like Thailand and Indonesia for 20 years. The productivity has gone up just as the wages have gone up. The people of Nike expect the same thing to occur in Vietnam. Even if they move on, Nike has played a pivotal role in developing the Vietnamese economy. Kenya : Watching the Program: Discussion questions 13. What factors are present within the Kenyan economy that discourage economic growth and improved living standards? Kenya closed its doors to globalization. The Kenyan government has never given farmers property rights. Land owners are not even allowed to build on their own land and develop it. All rights go to the government. Export restrictions create a lot of poverty. The poverty is due to the lack of reform. 14. What industries are portrayed as booming industries within the Kenyan economy? Why have they shown signs of success? The mobile phone industry is booming. The reason they have shown signs of success is because of their cheap prices and high demand. Also the secondhand clothing market is exposed to globalization and has led to their success. 15. What are subsidies, tariffs and import duties? What role does their imposition by developed countries play in limiting growth prospects and the adoption of ‘market capitalism’ in the less developed world? The government has begun to tax businesses like the secondhand clothing markets and therefore restrict them from gaining significant profits. Also, countries have set tariffs on a majority of agricultural goods Kenya has to offer them. This restricts exports for Kenya. However there are some European countries and some of the Americas that specifically have low tariffs on Kenya’s flower markets and allow Kenya to thrive there. The farmers also have subsidies on their crop restricting export to other markets outside of the country. Tariffs keep goods out and subsidies destroy markets on the homeland. 16. How do opponents of globalization, by their actions in the developed world, hinder the ability of less developed countries to improve living standards? Countries like Kenya don’t have the ability to compete in foreign markets because of the restrictions they face such as subsidies, tariffs, and import duties. Western civilization is shutting them and others out. We refuse to trade freely with goods such as agriculture and textiles. By dropping subsidies and tariffs, we could massively reduce the poverty in Africa.