Did’ga Know That…
There are four law “families”? There is Common Law, Civil Law, Socialist Law, and Islamic Law. Common law is basically what we have today. We respect prior decisions, we have prosecutors etc, have grand/petit juries, and we have judicial review. Civil law is basically the opposite of Common. Don’t really care about prior decisions, it’s more of an investigation (they are more concerned with the truth than the crime), don’t really have juries, and judicial reviews are used sparingly. Socialist law isn’t made by judges and it is codified by an authority. Islamic law is inquisitorial, the defendant has the burden to prove their innocence, and there is no judicial review. I like Common law since it’s what I have grown up with, but I also like how Civil law is more about looking for the truth and not restitution. It could be nice if every case’s main priority was finding the truth. I think that we are pretty good in that aspect though, so I’m happy.
Here's another website for you:
http://www.nyulawglobal.org/globalex/Comparative_Law.htm
Friday, December 12, 2008
12 Days After Christmas (link below)
Did’ga Know That…
The subject of racial minorities and the law is very difficult? I’m sure you already knew this, but I have no idea how to go on this one. I am neutral, completely and totally, or I like to think so. But this chapter was mainly about how laws about minorities have improved. It’s really hard for me to understand how one person could think of another person as their property. A human being is a human being, no matter what they look like. I dislike discussion of what it was like back then; I’m so glad I was born in this time period. Not only do we have technology, but we are so much more open minded in general. Don’t get me wrong, it’s so important to know about what was happening way back when, but I physically ache when I hear what people had to go through. At least the laws have improved. For that I’m grateful.
Here's the link for ya!
http://www.humormatters.com/holidays/Christmas/xmas12daysafter.htm
And here is one that's one topic:
http://www.hrea.org/index.php?base_id=142
The subject of racial minorities and the law is very difficult? I’m sure you already knew this, but I have no idea how to go on this one. I am neutral, completely and totally, or I like to think so. But this chapter was mainly about how laws about minorities have improved. It’s really hard for me to understand how one person could think of another person as their property. A human being is a human being, no matter what they look like. I dislike discussion of what it was like back then; I’m so glad I was born in this time period. Not only do we have technology, but we are so much more open minded in general. Don’t get me wrong, it’s so important to know about what was happening way back when, but I physically ache when I hear what people had to go through. At least the laws have improved. For that I’m grateful.
Here's the link for ya!
http://www.humormatters.com/holidays/Christmas/xmas12daysafter.htm
And here is one that's one topic:
http://www.hrea.org/index.php?base_id=142
Wednesday, December 10, 2008
Experience
Did’ga Know That…
I almost went to state prison for going down a flight of stairs? When I was in high school, I lived in Whitehall, Montana. Whitehall is a tiny skid mark on the underpants of Montana (yes it’s that bad) but we had some good teachers, who actually gave a crap (no pun intended). My Problems in American Democracy (PAD) teacher was one of these teachers. His name was Mr. Battiola, and he was young (he graduated with some of my older siblings), and fun. As a special “treat”, he took us to the State Capitol (Helena), which was about an hour away (in Montana everything is measured by the amount of time is take you to get there and not how many miles you travel). While in the capitol building, we were allowed to explore. That made me happy since I hate tours, but I like to see new things.
My friend, Carrie, and I wandered towards where the legislation was passing policies. We watched from the balcony for a little while as the politicians vote ‘yay’ or ‘nay’ before we got bored. I noticed a small open doorway in the back, and so I decided to check it out. There was a little spiral staircase, that was way cute, so I had Carrie come and look. We decided to use our cell phones and take each other’s pictures while one was at the bottom and the other was at the top. Carrie went first, and she noticed that there was a small gate across the bottom to prevent people from going into that floor. We were cool with that, we just wanted a picture of the stairs. When it was my turn, I smiled at the camera and waited for the flash, but it never came.
I felt a large hand land heavily upon my shoulder and a man’s voice ask, very politely, “Might I know what you and your friend are up to, Miss?” I turned around quickly, which was a big mistake since I’m very clumsy and was on a tiny step. I lost my balance and fell into the security guard that had snuck up behind me (he didn't mean to,but I didn't hear him walk up so he scared me). That’s when it got a little crazy. He thought that I was trying to attack him, Carrie thought that I was being attacked (she’s a little high strung like that), and I was trying to pull away from him while apologizing profusely. I was thrown on the ground and handcuffed, while Carrie tried to get down the staircase to “rescue” me but was blocked by another guard.
We were finally were able to clear up the whole thing, but it wasn’t until after we had been handcuffed, taken to the security office, and sat down in a small room with one of the guards. We had been able to tell them who we were and why we were there, so Mr. Battiola was brought in to vouch for us. They explained to him what had happened and why they were suspicious of two teen girls taking pictures. Apparently the floor at the bottom of the staircase had some important offices on it. When the guards saw Carrie walk to the bottom of the stairs, look around, and then look up and talk to me, it peaked their interest. But when I came down the stairs and they saw that I had a backpack (I was the stupid kid with their backpack on every field trip I ever went on), and when I turned around and handed a little silver device (my cell phone) to Carrie, they thought that they had a serious problem. We were released into the custody of my teacher, who had to fight back a grin from the moment he walked in and saw both of us handcuffed to our chairs, and we were assigned one guard each for the rest of the day. I felt bad for the guards; they were in their early twenties maybe, and they had to spend to day with my giggly girlfriends who freaked out when they saw us. This was around 10am, and we weren't going to leave the capitol building until 5:30 that night, so they had to put up with us for a while. I apologized to them, but they just grinned and said it beat video surveillance all day, we came with surround sound. Plus they got free food when we ordered pizza for lunch! I think they liked all of the attention.
I still hadn’t gotten my picture, so I asked our ‘bodyguards’ (as we jokingly called them) if we could go and get it. They agreed, since they knew we weren’t a threat, and one of them actually took it for me. I still have that picture; it’s my pride and joy. But do you know what was the best part of all this? We didn’t get into any trouble with Mr. Battiola. He actually busted up laughing as soon as we were out of the security office. We had to stand there and wait for him to get control of himself before we could continue.
Finally he managed to gasp, “I always knew you’d be arrested someday, I just didn’t expect it to be so soon!” before busting up again. Carrie and I laughed with him since we were always teased about stuff like that (we weren’t bad; just rebels). Our bodyguards seemed a little alarmed at his reaction, but as the day went by and they got to see just how wild Carrie and I can get when we are having fun, they kind of understood. We actually became really good friends while they were babysitting us. I still get e-mails from them every once in a while, but I don’t think they talk to Carrie anymore. She kind of went off the deep end.
HERE IS THE PICTURE:
I almost went to state prison for going down a flight of stairs? When I was in high school, I lived in Whitehall, Montana. Whitehall is a tiny skid mark on the underpants of Montana (yes it’s that bad) but we had some good teachers, who actually gave a crap (no pun intended). My Problems in American Democracy (PAD) teacher was one of these teachers. His name was Mr. Battiola, and he was young (he graduated with some of my older siblings), and fun. As a special “treat”, he took us to the State Capitol (Helena), which was about an hour away (in Montana everything is measured by the amount of time is take you to get there and not how many miles you travel). While in the capitol building, we were allowed to explore. That made me happy since I hate tours, but I like to see new things.
My friend, Carrie, and I wandered towards where the legislation was passing policies. We watched from the balcony for a little while as the politicians vote ‘yay’ or ‘nay’ before we got bored. I noticed a small open doorway in the back, and so I decided to check it out. There was a little spiral staircase, that was way cute, so I had Carrie come and look. We decided to use our cell phones and take each other’s pictures while one was at the bottom and the other was at the top. Carrie went first, and she noticed that there was a small gate across the bottom to prevent people from going into that floor. We were cool with that, we just wanted a picture of the stairs. When it was my turn, I smiled at the camera and waited for the flash, but it never came.
I felt a large hand land heavily upon my shoulder and a man’s voice ask, very politely, “Might I know what you and your friend are up to, Miss?” I turned around quickly, which was a big mistake since I’m very clumsy and was on a tiny step. I lost my balance and fell into the security guard that had snuck up behind me (he didn't mean to,but I didn't hear him walk up so he scared me). That’s when it got a little crazy. He thought that I was trying to attack him, Carrie thought that I was being attacked (she’s a little high strung like that), and I was trying to pull away from him while apologizing profusely. I was thrown on the ground and handcuffed, while Carrie tried to get down the staircase to “rescue” me but was blocked by another guard.
We were finally were able to clear up the whole thing, but it wasn’t until after we had been handcuffed, taken to the security office, and sat down in a small room with one of the guards. We had been able to tell them who we were and why we were there, so Mr. Battiola was brought in to vouch for us. They explained to him what had happened and why they were suspicious of two teen girls taking pictures. Apparently the floor at the bottom of the staircase had some important offices on it. When the guards saw Carrie walk to the bottom of the stairs, look around, and then look up and talk to me, it peaked their interest. But when I came down the stairs and they saw that I had a backpack (I was the stupid kid with their backpack on every field trip I ever went on), and when I turned around and handed a little silver device (my cell phone) to Carrie, they thought that they had a serious problem. We were released into the custody of my teacher, who had to fight back a grin from the moment he walked in and saw both of us handcuffed to our chairs, and we were assigned one guard each for the rest of the day. I felt bad for the guards; they were in their early twenties maybe, and they had to spend to day with my giggly girlfriends who freaked out when they saw us. This was around 10am, and we weren't going to leave the capitol building until 5:30 that night, so they had to put up with us for a while. I apologized to them, but they just grinned and said it beat video surveillance all day, we came with surround sound. Plus they got free food when we ordered pizza for lunch! I think they liked all of the attention.
I still hadn’t gotten my picture, so I asked our ‘bodyguards’ (as we jokingly called them) if we could go and get it. They agreed, since they knew we weren’t a threat, and one of them actually took it for me. I still have that picture; it’s my pride and joy. But do you know what was the best part of all this? We didn’t get into any trouble with Mr. Battiola. He actually busted up laughing as soon as we were out of the security office. We had to stand there and wait for him to get control of himself before we could continue.
Finally he managed to gasp, “I always knew you’d be arrested someday, I just didn’t expect it to be so soon!” before busting up again. Carrie and I laughed with him since we were always teased about stuff like that (we weren’t bad; just rebels). Our bodyguards seemed a little alarmed at his reaction, but as the day went by and they got to see just how wild Carrie and I can get when we are having fun, they kind of understood. We actually became really good friends while they were babysitting us. I still get e-mails from them every once in a while, but I don’t think they talk to Carrie anymore. She kind of went off the deep end.
HERE IS THE PICTURE:
It’s not very good since it was taken on my phone, but I don’t care!
This is the capitol's website if you want more info on Montana,
Wednesday, December 3, 2008
Eleventh Heaven
Did’ga Know That…
Brownmiller’s theory of rape in 1975 was that the father/husband should be compensated, but not the woman? Susan Brownmiller said that a woman was the property of her father/husband (whichever was the case), and that a raped woman was damaged property. Therefore the father/husband should be compensated for the damage done. Isn’t that ridiculous? Ok, even if you aren’t a girl, does that sound right to you? Let’s turn this around, say the man was raped (which is possible) and his mother/wife got the compensation for that rape. What the crap? That’s dumber than dumb! But that’s not the worst of them. Under the Code of Hammurabi, the rapist and the woman were either stoned to death or drowned! According to that time period, they were equally at fault and both are equally tainted by evil. Also, Samuel Adams said that rape could only be called rape if there was serious injury to the woman. Isn’t the man forcing himself upon the woman injury enough? I can almost guaranty it hurt; most likely it hurt like crazy, especially when you factor in the emotional/mental damage rape can cause.
Did’ga Know That…
Up until 1898, there was a “rule of thumb” that allowed a man to beat a woman with a stick that was no bigger than the circumference of his thumb? Can you say “ouch!”? Yeah, the bigger sticks do more damage, but the little ones hurt… a lot. This “rule” came from English common law, so it had to have been around for a while. Those poor girls! Now, if you agree with this rule, I have a suggestion for you. Why don’t you and one of your friends go out, get a stick that is smaller than the width of your thumb, and beat each other with it until you feel like the other has had enough. THEN decide if you still agree with this stupid rule! Have fun with that, by the way, and don’t blame me if you start to cry! It’s your own dumb fault for trying it, not mine.
This is a website that answers a few questions about women's rights in the 1800's. It also has some links on the lift hand side of the page that lead you to more information. Enjoy!
http://en.allexperts.com/q/General-History-674/Women-rights.htm
Brownmiller’s theory of rape in 1975 was that the father/husband should be compensated, but not the woman? Susan Brownmiller said that a woman was the property of her father/husband (whichever was the case), and that a raped woman was damaged property. Therefore the father/husband should be compensated for the damage done. Isn’t that ridiculous? Ok, even if you aren’t a girl, does that sound right to you? Let’s turn this around, say the man was raped (which is possible) and his mother/wife got the compensation for that rape. What the crap? That’s dumber than dumb! But that’s not the worst of them. Under the Code of Hammurabi, the rapist and the woman were either stoned to death or drowned! According to that time period, they were equally at fault and both are equally tainted by evil. Also, Samuel Adams said that rape could only be called rape if there was serious injury to the woman. Isn’t the man forcing himself upon the woman injury enough? I can almost guaranty it hurt; most likely it hurt like crazy, especially when you factor in the emotional/mental damage rape can cause.
Did’ga Know That…
Up until 1898, there was a “rule of thumb” that allowed a man to beat a woman with a stick that was no bigger than the circumference of his thumb? Can you say “ouch!”? Yeah, the bigger sticks do more damage, but the little ones hurt… a lot. This “rule” came from English common law, so it had to have been around for a while. Those poor girls! Now, if you agree with this rule, I have a suggestion for you. Why don’t you and one of your friends go out, get a stick that is smaller than the width of your thumb, and beat each other with it until you feel like the other has had enough. THEN decide if you still agree with this stupid rule! Have fun with that, by the way, and don’t blame me if you start to cry! It’s your own dumb fault for trying it, not mine.
This is a website that answers a few questions about women's rights in the 1800's. It also has some links on the lift hand side of the page that lead you to more information. Enjoy!
http://en.allexperts.com/q/General-History-674/Women-rights.htm
Monday, December 1, 2008
Ten-hen-hun-hud-dud-mud-mad-had-bad-ban-ben-Ten
Did’ga Know That…
Social change is inevitable? No matter how much you hate it, it’s going to happen. Sorry, but that’s the truth of it. And it’s not always the law that changes society, sometime society changes the law! When the Miss America pageant first started, many people freaked out about the swimsuit contest. The funny thing is, the swimsuits looked a lot like this!
I’m not kidding! Plus, a few years earlier the competitors would have been arrested for indecent exposure! Now do you think that the law changed the society or that the society changed the law in that particular instance? I think the society changed and that forced the law to change as well.
Did’ga Know That…
For the first 150 years of its existence, the Supreme Court was active in preserving the privileges of the richer class? President Roosevelt had to threaten them before they started to be a little less anti-progressive. Even now they are a little bias to the more privileged. This is a real bummer for me since I’m dirt poor! ;-) I thought that was crazy though. The people that the Supreme Court was designed to help were/are the ones that get snubbed! Those rich jerks! (Just kidding, I really support the government, and think that it’s a pretty good system for the most part.)
Here's a website with essays written about social change:
http://www.fragmentsweb.org/fourtx/subsorev.html
Social change is inevitable? No matter how much you hate it, it’s going to happen. Sorry, but that’s the truth of it. And it’s not always the law that changes society, sometime society changes the law! When the Miss America pageant first started, many people freaked out about the swimsuit contest. The funny thing is, the swimsuits looked a lot like this!
I’m not kidding! Plus, a few years earlier the competitors would have been arrested for indecent exposure! Now do you think that the law changed the society or that the society changed the law in that particular instance? I think the society changed and that forced the law to change as well.
Did’ga Know That…
For the first 150 years of its existence, the Supreme Court was active in preserving the privileges of the richer class? President Roosevelt had to threaten them before they started to be a little less anti-progressive. Even now they are a little bias to the more privileged. This is a real bummer for me since I’m dirt poor! ;-) I thought that was crazy though. The people that the Supreme Court was designed to help were/are the ones that get snubbed! Those rich jerks! (Just kidding, I really support the government, and think that it’s a pretty good system for the most part.)
Here's a website with essays written about social change:
http://www.fragmentsweb.org/fourtx/subsorev.html
Friday, November 21, 2008
Did I Hear a Niner in There?
Did’ga Know That…
There is direct, indirect, formal, and informal social control? Let’s make a grid!!!
So, hard core church goers would be influence by informal social control. They would feel like crap if they committed a ‘sin’ or they would see someone else loose everything for their ‘sins’. Either way, it sucks. You get YOU ARE GOING TO (fill in the blank) YOU SINNER! Or you see your neighbor getting the 'royal' treatment and think, “umm, guess that was a bad idea. Sorry ‘bout that Roger!” Lol, jk! In all seriousness though, they might see another member of their faith get into trouble for doing something that they thought was ok, but now they know that it isn’t so they aren’t going to do that particular thing. Get it? I personally think that formal can be more fun… *insert evil laugh here*. No, really, formal direct is like getting a speeding ticket and formal indirect is when you just get a warning or you see the cop and slam on your breaks. I think all four of these controls work together in someway shape or form to help us stay within the boundaries of being a good citizen in our own communities.
Did’ga Know That…
There are three types of plea bargaining? Yep, there is charge bargaining, count bargaining, and sentence bargaining. “What are these bargains?” you may ask… and “why do you want to know?” shall be my reply. Planning on doing some dirty deed and wanting to know how best to plead? Well, I suggest that you first fall down on your knees, sob hysterically, beg for mercy from ‘your most honorable judgeship, sir,” and try to look as utterly pathetic as possible so they will do anything to get you out of the courtroom as fast as they humanly can. And if that works, please contact me, because I want to do it just for the heck of it. Kidding! (Or am I?) Ok! Back on track, figuring out what these bargains actually are is really quite simple; charge bargaining=less severe charges or eliminating one of the charges all together if you pleade guilty to the others, count bargaining=the number of time you are being charge with the same crime will be reduced if you atmit to them, and sentence bargaining=when you plead guilty to everything and ask the judge to be lenient on his sentencing (but it is up to the judge to choose if he will actually be lenient or not). Were I in a situation like that, I wouldn’t trust the judge to actually be merciful. I would go for charge or count bargaining before I’d even think about putting myself in such a vulnerable position.
A website on plea bargains is http://www.expertlaw.com/library/criminal/plea_bargains.html
There is direct, indirect, formal, and informal social control? Let’s make a grid!!!
So, hard core church goers would be influence by informal social control. They would feel like crap if they committed a ‘sin’ or they would see someone else loose everything for their ‘sins’. Either way, it sucks. You get YOU ARE GOING TO (fill in the blank) YOU SINNER! Or you see your neighbor getting the 'royal' treatment and think, “umm, guess that was a bad idea. Sorry ‘bout that Roger!” Lol, jk! In all seriousness though, they might see another member of their faith get into trouble for doing something that they thought was ok, but now they know that it isn’t so they aren’t going to do that particular thing. Get it? I personally think that formal can be more fun… *insert evil laugh here*. No, really, formal direct is like getting a speeding ticket and formal indirect is when you just get a warning or you see the cop and slam on your breaks. I think all four of these controls work together in someway shape or form to help us stay within the boundaries of being a good citizen in our own communities.
Did’ga Know That…
There are three types of plea bargaining? Yep, there is charge bargaining, count bargaining, and sentence bargaining. “What are these bargains?” you may ask… and “why do you want to know?” shall be my reply. Planning on doing some dirty deed and wanting to know how best to plead? Well, I suggest that you first fall down on your knees, sob hysterically, beg for mercy from ‘your most honorable judgeship, sir,” and try to look as utterly pathetic as possible so they will do anything to get you out of the courtroom as fast as they humanly can. And if that works, please contact me, because I want to do it just for the heck of it. Kidding! (Or am I?) Ok! Back on track, figuring out what these bargains actually are is really quite simple; charge bargaining=less severe charges or eliminating one of the charges all together if you pleade guilty to the others, count bargaining=the number of time you are being charge with the same crime will be reduced if you atmit to them, and sentence bargaining=when you plead guilty to everything and ask the judge to be lenient on his sentencing (but it is up to the judge to choose if he will actually be lenient or not). Were I in a situation like that, I wouldn’t trust the judge to actually be merciful. I would go for charge or count bargaining before I’d even think about putting myself in such a vulnerable position.
A website on plea bargains is http://www.expertlaw.com/library/criminal/plea_bargains.html
Friday, November 14, 2008
Five Little Monkeys Jumping on a Bed, Pushed One Off and Now He's DEAD! (jk ;-P)
Did’ga know that…
Actus reus, mens rea, and concurrence are needed for all crime? And when you know what these terms mean, it’s kind of obvious. Actus reus is the actual act, so if you don’t do anything, you don’t commit crime! Imagine that…:-P. Mens Rea is the specific intent to reach a certain conclusion or result, and concurrence means that the act and the result of that act must be within a reasonable amount of time. So, if you throw a rock at someone with the intent of hitting them and you actually hit them (I wouldn’t, my aim is terrible) then you have committed a crime. But if you don’t hit anything, or if you don’t throw the rock in the first place, you are scotch free! Well, unless the person you missed got mad at you and decided to reciprocate (Run awaaaaay!)
Did’ga know that…
Even if you don’t complete a crime, if it can be proven that you were actually going to do the crime and for some reason got stopped or delayed, you can still be charged for that crime? If the prosecutor can prove that you attempted the crime and failed, asked someone else to do the crime for you (even if they don’t do the crime), or agreed with someone else to commit a crime together, you are accountable for that crime. The intent was there, just not the act. But proving this to the point of being able to take it to court is pretty hard. Unless the police stopped you right outside of the bank you were going to rob seconds before you robbed it. Then you’re just out of luck; my sympathies.
P.S. here is a radom youtube video that I found about, not dumb robbers, but suicidal cashiers! http://www.youtube.com/watch?v=mN4msh5k1Ew
Actus reus, mens rea, and concurrence are needed for all crime? And when you know what these terms mean, it’s kind of obvious. Actus reus is the actual act, so if you don’t do anything, you don’t commit crime! Imagine that…:-P. Mens Rea is the specific intent to reach a certain conclusion or result, and concurrence means that the act and the result of that act must be within a reasonable amount of time. So, if you throw a rock at someone with the intent of hitting them and you actually hit them (I wouldn’t, my aim is terrible) then you have committed a crime. But if you don’t hit anything, or if you don’t throw the rock in the first place, you are scotch free! Well, unless the person you missed got mad at you and decided to reciprocate (Run awaaaaay!)
Did’ga know that…
Even if you don’t complete a crime, if it can be proven that you were actually going to do the crime and for some reason got stopped or delayed, you can still be charged for that crime? If the prosecutor can prove that you attempted the crime and failed, asked someone else to do the crime for you (even if they don’t do the crime), or agreed with someone else to commit a crime together, you are accountable for that crime. The intent was there, just not the act. But proving this to the point of being able to take it to court is pretty hard. Unless the police stopped you right outside of the bank you were going to rob seconds before you robbed it. Then you’re just out of luck; my sympathies.
P.S. here is a radom youtube video that I found about, not dumb robbers, but suicidal cashiers! http://www.youtube.com/watch?v=mN4msh5k1Ew
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