MPC 210.1 Criminal Homicide: (1) A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being. (2) Criminal homicide is murder, manslaughter or negligent homicide.
Common Law Murder: The killing of another person with malice aforethought.
Different types of murder- by mental element: (1) intent-to-kill murder, (2) intent-to-do-serious-bodily-harm murder, (3) depraved-heart murder, (4) felony murder.
MPC 210.2 Murder: criminal homicide constitutes murder when: (a) it is committed purposely or knowingly; OR (b) it is committed recklessly under circumstances manifesting extreme indifferent to the value of human life. Such recklessness and indifference are presumed if the actor is engaged or an accomplice in the commission of, or an attempt to commit, or in flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape. (2) Murder is a felony of the first degree.
First Degree Murder: Intent-to-kill murder. A homicide is first-degree murder if it is unjustified, premeditated, and done purposely or knowingly.
Voluntary Manslaughter: The purposeful, knowing, or depraved heart killing of a human being while in a state of passion caused by adequate provocation.
Requirements for Premeditation: The defendant had a clear mind and was capable of deliberation. The defendant deliberated and decided to kill the victim.
Premeditation Time Requirement: Some courts find that any amount of time to make a decision qualifies; other courts hold that there must be a reasonable amount of time for deliberation.
Factors for premeditation: Evidence of deliberation, evidence of planning activity, a prior relationship showing motive, the nature of the circumstances (Ollens).
Things to Prove for a Finding of Voluntary Manslaughter: (1) there must have been a reasonable provocation, (2) the defendant must have been in fact provoked, (3) a reasonable man so provoked would not have cooled off in the time between the provocation and the fatal blow, (4) the defendant did not in fact cool off.
Reasonable Provocation Per Se: Discovering a spouse committing adultery, enduring a battery.
210.2 Depraved Heart Murder: Can also be called reckless murder. The reckless killing of a human being under circumstances manifesting extreme indifference to the value of human life.
What is "more than ordinary negligence?"
(1) the defendant's conduct, under circumstances known to him, must involve a high degree of risk of death or serious bodily injury, (2) whatever the degree of risk required, defendant must be aware of the fact that his conduct creates this risk.
Factors Test for Depraved Heart Murder: (1) social utility of the defendant's conduct, (2) the magnitude of the risk, (3) the defendant's knowledge of the risk (a matter of degree), (4) any precaution taken by the defendant to minimize the risk.
Involuntary Manslaughter: Extremely negligent conduct, which creates what a reasonable man would realize to be not only an unjustifiable but also a very high degree of risk or serious bodily injury to another or to others — though unaccompanied by any intent to kill or do serious bodily injury — and which actually causes the death of another, may constitute murder.
210.4 Negligent Homicide: (1) Criminal homicide constitutes negligent homicide when it is committed negligently. (2) Negligent homicide is a felony of the third degree.
Felony Murder: Irrespective of their state of mind, a defendant is guilty of felony murder if a death occurs in the commission or attempted commission of certain felonies—generally including robbery, rape, arson, and burglary.
Restrictions on the Felony Murder Doctrine: (1) permitting its use only as to certain types of felonies, (2) a stricter interpretation of the requirement of proximate cause, (3) by a narrower construction of the time period during which the felony is in the process of commission, (4) by requiring that the underlying felony be independent of the homicide.
Inherently Dangerous Felony Rule: The felony can only be used as the basis of a conviction if the defendant was engaged in a felony that created serious risk of death.
Independent Felonious Purpose: The predicate felony must not be one involving personal injury but have a purpose other than inflicting harm.
The Duration of the Felony for Felony Murder: If the killing and the felony are both part of a continuous transaction, even if the killing occurred before the felony or while the defendant is in flight.
Continuous Transaction Factors, Felony Murder: (1) time--how close in time the felony happened to the killing, (2) place--where did the felony happen and where did the killing happen?, (3) causal connection--did the felony cause the killing?
Temporary Safety, Felony Murder: A defendant reaching a place of temporary safety may signal the end of a continuous transaction but not necessarily so.
The Honorable Melissa G. Dalton
General James C. Slife
General Michael A. Guetlein
Under Secretary of the Air Force:
The Honorable Melissa G. Dalton
Vice Chief of Staff of the Air Force:
General James C. Slife
Vice Chief of Space Operations:
General Michael A. Guetlein
Under Secretary of the Air Force: The Honorable Melissa G. Dalton
Vice Chief of Staff of the Air Force: General James C. Slife
Vice Chief of Space Operations: General Michael A. Guetlein
Absence diminishes minor passions and inflames great ones, as the wind douses a candle and fans a fire.
La Rochefoucauld, 1613-1680
What withdraws, what becomes scarce, suddenly seems to deserve our respect and honor. What stays too long, inundating us with its presence, makes us disdain it. In the Middle Ages, ladies were constantly putting their knights through trials of love, sending them on some long and arduous quest all to create a pattern of absence and presence. Indeed, had Guillaume not left his lady in the first place, she might have been forced to send him away, creating an absence of her own.
Interpretation
Trying to discover the joys of reconciliation, Guillaume de Balaun inadvertently experienced the truth of the law of absence and presence. At the start of an affair, you need to heighten your presence in the eyes of the other. If you absent yourself too early, you may be forgotten. But once your lover's emotions are engaged, and the feeling of love has crystallized, absence inflames and excites. Giving no reason for your absence excites even more: The other person assumes he or she is at fault. While you are away, the lover's imagination takes flight, and a stimulated imagination cannot help but make love grow stronger. Conversely, the more Guillelma pursued Guillaume, the less he loved her she had become too present, too accessible, leaving no room for his imagination and fancy, so that his feelings were suffocating. When she finally stopped sending messengers, he was able to breathe again, and to return to his plan.
He did as she asked. Finally Guillaume de Balaun was able to taste the ultimate sensation a reconciliation even surpassing that of his friend Pierre.
After a great deal of this, Lady Guillelma, remembering his beautiful songs, his handsome figure, and his skills in dancing and falconry, found herself yearning to have him back. As penance for his right hand, and to send it to her along with a poem describing his miseries.
The next morning the troubadour regretted what he had done. He rode back to Javiac, but the lady would not receive him, and ordered her servants to chase him away, across the drawbridge and over the hill. Guillaume fled. Back in his chamber he collapsed and started to cry: He had made a terrible mistake. Over the next year, unable to see his lady, he experienced the absence, the terrible absence, that can only inflame love. He wrote one of his most beautiful poems, "My song ascends for mercy praying." And he sent many letters to Guillelma, explaining what he had done, and begging forgiveness.
On hearing that her beloved had returned, Guillelma rushed to see him, knelt before him, dropped her veil to kiss him, and begged forgiveness for whatever slight had caused his anger. Imagine his confusion and despair his plan had failed abysmally. She was not angry, she had never been angry, she was only deeper in love, and he would never experience the joy of reconciliation after a quarrel. Seeing her now, and still desperate to taste that joy, he decided to try one more time: He drove her away with harsh words and threatening gestures. She left, this time vowing never to see him again.
Finally, after several months of not hearing from Guillaume, Guillelma gave up. She sent him no more messengers, and he began to wonder perhaps she was angry? Perhaps the plan had worked after all? So much the better if she was. He would wait no more it was time to reconcile. So he put on his best robe, decked the horse in its fanciest caparison, chose a magnificent helmet, and rode off to Javiac.
Guillelma sent messengers to Guillaume to find out what had happened, but he turned the messengers away. He thought all this would make her angry, forcing him to plead for reconciliation as Pierre had. Instead, however, his absence had the opposite effect: It made Guillelma love him all the more. Now the lady pursued her knight, sending messengers and love notes of her own. This was almost unheard of a lady never pursued her troubadour. And Guillaume did not like it. Guillelma's forwardness made him feel she had lost some of her dignity. Not only was he no longer sure of his plan, he was no longer sure of his lady.
As a troubadour, Sir Guillaume prided himself on experiencing all the joys and sorrows of love. On hearing his friend's talk, he too wanted know the bliss of reconciliation after a quarrel. He therefore feigned great anger with Lady Guillelma, stopped sending her love letters, and abruptly left the castle and stayed away, even during the festivals and hunts. This drove the young lady wild.
Then one day Pierre and Viernetta had a violent quarrel. The lady dismissed him, and he sought out his friend Guillaume to help heal the breach and get him back in her good graces. Guillaume was about to leave the castle for a while, but on his return, several weeks later, he worked his magic, and Pierre and the lady were reconciled. Pierre felt that his love had increased tenfold that there was no stronger love, in fact, than the love that follows reconciliation. The stronger and longer the disagreement, he told Guillaume, the sweeter the feeling that comes with peace and rapprochement.
A thesis statement is a clear and specific sentence that tells the main idea of a paper. Usually found at the end of the introduction, it explains what the writer will argue or discuss. Every body paragraph (and the conclusion) directly connect with a strong thesis statement. A good thesis statement is easy to understand and presents the point being argued or analyzed. It helps the reader know what to expect and keeps the writing focused on the main topic throughout the paper. For the essay "Say What, Horse" the thesis statement should be similar to the following: The article "Say What, Horse" gives examples of new research which reveal that horses have the ability to communicate by...
Use Absence To Increase Respect And Honor
Transgression And Observance Of The Law
Sir Guillaume de Balaun was a troubadour who roamed the South of France in the Middle Ages, going from castle to castle, reciting poetry, and playing the perfect knight. At the castle of Javiac he met and fell in love with the beautiful lady of the house, Madame Guillelma de Javiac. He sang her his songs, recited his poetry, played chess with her, and little by little she in turn fell in love with him. Guillaume had a friend, Sir Pierre de Barjac, who traveled with him and who was also received at the castle. And Pierre too fell in love with a lady in Javiac, the gracious but temperamental Viernetta.
Both...depict how...with... is more reflective However
opens the poem His speaker describes how This highlights how also hint using the conceit to hint at Alternatively Similarly, creates a bitter tone far harsher then clearly portrays
perhaps uses the poem to reflect implying to the reader We can see the speaker Hence, the speaker reflects description differs from
Finally, sometimes by crushing an enemy, you embitter them so much that they spend years and years plotting revenge. The Treaty of Versailles had such an effect on the Germans. Some would argue that in the long run it would be better to show some leniency. The problem is, your leniency involves another risk it may embolden the enemy, which still harbors a grudge, but now has some room to operate. It is almost always wiser to crush your enemy. If they plot revenge years later, do not let your guard down, but simply crush them again.
Reversal
This law should very rarely be ignored, but it does sometimes happen that it is better to let your enemies destroy themselves, if such a thing is possible, than to make them suffer by your hand. In warfare, for example, a good general knows that if he attacks an army when it is cornered, its soldiers will fight much more fiercely. It is sometimes better, then, to leave them an escape route, a way out. As they retreat, they wear themselves out, and are ultimately more demoralized by the retreat, they wear themselves out, and are ultimately more demoralized by the retreat than by any defeat he might inflict on the battlefield. When you have someone on the ropes, then but only when you are sure they have no chance of recovery you might let them hang themselves. Let them be the agents of their own destruction. The result will be the same, and you won't feel half as bad.
