Criminal Harassment Definition, Conditions, Examples

Criminal Harassment Definition, Conditions, Examples The crime of harassment is any kind of behavior that is unwanted and is intended to annoy, disturb, alarm, torment, upset or terrorize an individual or group. States have specific laws governing different types of harassment including, but not limited to, stalking, hate crimes, cyberstalking and cyberbullying. In most jurisdictions, for criminal harassment to occur the behavior must present a credible threat to the victims safety or their familys safety. Each state has statutes covering specific harassment offenses that are often charged as misdemeanors and can result in fines, jail time, probation, and community service. Internet Harassment There are three categories of internet harassment: Cyberstalking, Cyberharassment, and Cyberbullying. Cyberstalking Cyberstalking is the use of electronic technology such as computers, cell phones and tablets that can access the internet and send emails to repeatedly stalk or threaten physical harm to a person or group. This can include posting threats on social web pages, chat rooms, website bulletin boards, through instant messaging and through emails. Example of Cyberstalking In January 2009, Shawn D. Memarian, 29, of Kansas City, Missouri pleaded guilty to cyberstalking by using the Internet - including e-mails and website postings - to cause substantial emotional distress and fear of death or serious bodily injury. His victim was a woman he met online and dated for about four weeks. Memarian also posed as the victim and posted fake personal ads on social media sites and in the profile described her as sex freak looking for sexual encounters. The posts included her phone number and home address. As a  result, she received numerous phone calls from men answering the ad and around 30 men showed up at her home, often late at night.He was sentenced to 24 months in prison and 3 years of supervised release, and ordered to pay $3,550 in restitution. Cyberharassment Cyberharassment is similar to cyberstalking, but it does not involve any physical threat  but uses the same methods to harass, humiliate, slander, control or torment a person. Example of Cyberharassment In 2004, 38-year-old James Robert Murphy of South Carolina was sentenced to $12,000 in restitution, 5 years probation and 500 hours of community service in the first federal prosecution of cyberharassment. Murphy was guilty of harassing an ex-girlfriend by sending multiple threatening emails and fax messages to her and to her co-workers. He then began sending pornography to her co-workers and made it appear as if she was sending it. Cyberbullying Cyberbullying is when the internet or interactive electronic technology such as mobile phones is used to harass, insult, embarrass, humiliate, torment or threaten another person. This can include posting embarrassing pictures and videos, sending insulting and threatening text messages, making derogatory public remarks on social media sites, name-calling, and other offensive behavior. Cyberbullying usually refers to minors bullying other minors. Example of Cyberbullying In June 2015 Colorado passed the Kiana Arellano Law that addresses cyberbullying. Under the law cyberbullying is considered harassment which is a misdemeanor and punishable by fines up to $750 and six months in jail. The law was named after 14-year-old Kiana Arellano who was Douglas County high school cheerleader and who was being bullied online with anonymous hateful text messages stating that no one at her school liked her, that she needed to die and offering to help, and other vulgar demeaning messages. Kiana, like many young teenagers, dealt with depression. One day the depression mixed with the non-stop cyberbullying was too much for her to cope with an attempted suicide by hanging herself in the garage of her home. Her father found her, applied CPR until the medical team arrived, but due to the lack of oxygen to Kianas brain, she suffered severe brain damage. Today she is paraplegic and unable to talk. According to the National Conference of State Legislatures, 49 states have enacted legislation aimed at protecting students from cyberbullying. Example of State Harassment Statues In Alaska, a person can be charged with harassment if they: Insult, taunt, or challenge another person in a manner likely to provoke an immediate violent response;​Telephone another and fail to terminate the connection with intent to impair the ability of that person to place or receive telephone calls;​Make repeated telephone calls at extremely inconvenient hours;​Make an anonymous or obscene telephone call, an obscene electronic communication, or a telephone call or electronic communication that threatens physical injury or sexual contact;​Subject another person to offensive physical contact;​Publish or distribute electronic or printed photographs, pictures, or films that show the genitals, anus, or female breast of the other person or show that the person engaged in a sexual act; orRepeatedly send or publish an electronic communication that insults, taunts, challenges, or intimidates a person under 18 years of age in a manner that places the person in reasonable fear of physical injury. In some states, it is not only the person making the offensive phone calls or emails that can be charged with harassment  but also the person who owns the equipment. When Harassment Is a Felony Factors that can change a harassment charge from a misdemeanor to a serious felony include: If the person is a repeat offenderIf the person is under a restraining orderIf the harassment is a hate crime

Real estate study Coursework Example | Topics and Well Written Essays - 2000 words

Real estate study - Coursework Example The tenant has defaulted on this quarters rent (due on 25 March 2015) as well as defaulting on its service charge and insurance contributions which were also reserved as rent. Tenant default is defined as the breach of agreement of the tenancy contract (The Law Commission, 2006). Spotted Dice Limited has breached the agreement with Lansbury Towers when the former defaulted with the rent payment, service charge, and insurance contributions. It is very important that the Landlord will carefully consider the action needed. In order for this to happen, the landlord should assess whether the default made by the tenant is just temporary or the tenant wants to terminate the lease (Green 2012). Without commencing any court proceedings, there are different remedies available to the management of Lansbury Towers where the tenant Spotted Dice Limited is in default such as forfeiture, levying distress, recovery as a debt, recovery from third parties, negotiations, surrender and reduction of rent (Cass 2013). Most of the lease contract contains a clause that will entitle the landlord to forfeit the lease in case of default. This remedy is considered one of the fastest, simplest and cheapest which will only require locks and notice to the premise (Cass 2013). â€Å"The right of landlord to forfeit arises: However, under Section 146 of the Law of Property Act of 1925, the landlord’s right to forfeit in respect to tenant’s default and breach of contract will not be enforceable unless a notice containing the following is served on the tenant: The Commercial Rent Arrears Recovery (CRAR) provides the new process for landlords of commercial premises such as Lansbury Towers to recover tenant’s default by taking control of tenant’s goods. There should be no residential element and CRAR requires lease of commercial premises and recovery for principal rent for it to apply. This remedy is very handy as it only requires transparency of process through a notice given

The religious factors that led to the clash between Native Americans Essay

The religious factors that led to the clash between Native Americans and early Euro-American settlers - Essay Example However, not everything in the Native American/White relations was entirely gruesome. Oppression and conflicts with white people turned Native Americans into a nation with remarkable adaptation potential. The development and change touched all the areas including culture and religion. As a result, while European colonialism was pushing Native American populations westwards, the latter were developing the degree of flexibility, adaptability and cohesion that had been unknown to native populations before 1607. The difference between the frontier line of America and the frontier line of other countries is the following: the other countries knew their boundaries and they knew which countries were beyond these boundaries. The North America frontier underlined the unknown land beyond it. In accordance with Calloway: â€Å"†¦fertile valleys, meeting friendly people bedecked in turquoise, and hearing wondrous accounts of the towns to be found in the north† (p. 133). As far as we can see, the diversity of the North frontier is evident. The nature of the diversity can be found in the first settlers’ necessity to deal with natural challenges and remain self-sufficient. Indian cultures are really unique and peculiar in America. Some Indian tribes have survived, although other tribes have been vanished and completely destroyed. Many of them continued their traditional cultures, while others fully lost their cultures and communities. The history of American Indians in their relationship with Americans is full of brutality and intent destruction and discrimination. (Erchack 1992) Some scientists mention that the history of American Indians is something similar to labyrinth of different opinions and ideas. Indians resides from the cold regions of the Intuit in northern Alaska to the Yahgan. Many Americans consider Indian Americans as noble savages. It became an

Single Party States Notes Essay Example for Free

Single Party States Notes Essay Single Party States notes From: Topic 3- Themes and Exams Tips Chapter: â€Å"Origins and development of authoritarian and single party states† â€Å"What constitutes an authoritarian or single-party state? † Country or state to be classed as an authoritarian or single party state: * Only one legal political party A leader chosen by or from the military following a revolution * Group or leader that controls the state even though there are existing parties * Jean Kirkpatrick (US ambassador-United Nations) once expressed that authoritarian state was â€Å"better than† a totalitarian state- a chance that it would move towards democracy (p. o. v expressed during the Cold War) Characteristics in common- authoritarian or single-party: * Little-no freedom of speech * No freedom of: * Assembly (government must approve meetings) * To travel abroad No idependent judicial system * All sources of information censored * Any idea against the regime will be harshly punished (opposition to them) * â€Å"A leader whose popularity is reinforced by personality cult† Not all states the share charactersistcs some are less oppressive but they all share the strict control over the freedom of the people and use different methods to hold on to power. The age of Kings and Emperors ended with WWI 20th century one of the bloodiest century in history- includes 2 major world wars Left and right wing: Left- wing: Describes the single party, leaders and states that are communist or socialist. Example: Nasser, Stalin, Mao, Castro and Neyerere Right wing: Most fascist leaders of the 20th century began their political careers as members of socialist parties. Fascist leaders and states – right wing Examples: Hitler, Mussoluni and Franco Policies supportive of capitalism as an economic system, ultra nationalist, some cases they promoted religion as a way to unite the people. Right wing ideologies| Left wing ideologies| Facism (in Italy and Nazism-Germany) * Socialist (intended to appeal lower classes) * Strongly nationalistic and considered communism to be a threat| * Widespread ideology (20th C) was communism * â€Å"All people are equal† * â€Å"No private property to protect† * Will to bring the ideal state| Socialism: Characteristics: redistribution of wealth through taxation, the state owns the major industries like coal and steel, the state owns the â€Å"mon opolies† such as the water, transportation and communications, free education and health care for all. This criterion became known as ‘welfare state’. (Gov. hould control ensure the basic standard living for al citizens) Stages of communism: 1) Primitive communisms: â€Å"No monopoly over the means of production† 2) Feudalism: â€Å"Agricultural-based communities developed into kingdoms and powerful rulers took ownership of the land and the people who farmed it† 3) Capitalism: â€Å"commercial activities- trading in manufactured goods† 4) Communism: no private properties, people contribute with their skills, taking only what they needed. No laws to protect wealth and property From States, Governments and Ideologies: The State: * Sovereign state: is independent of all others Way in which is governed- Constitution: basic laws- lay down the power and duties of many institutions and officials of government * Rule of law * Arbitrary government * Sovereignty * States -3 kinds: Unitary states, federal and confederations * Held state – embodies the nation and represents it * Monarchy, republic * Legitimacy, device right of kings (constitutional monarchs) president (republic state) Government: * â€Å"Those persons and institution of state which exercise the power in accordance with the constitution† * Head of the state head of the government (prime ministers) * Executive, cabinet Legislative—making laws (unicameral, bicameral) * Separation of powers, presidential system of government, parliamentary system of government Changes of Government By legal means: (elections) majority system and proportional system—coalition By force: rebellion, revolution, provisional government, co nstituent assembly, new constitution, and peaceful revolution Political Ideologies:( framework theories) Implicit ideologies (propaganda designed etc) * Conservatism * Liberalism Reformist Ideologies: critique of existing society, describe the ideal society would be like, prescriptions from the living situation to the ideal * Socialism: reaction to injustices of the capitalist economic system (social democrats, syndicalist, revolutionary socialists) Marxism: â€Å"an industrialized society, the working class would revolt and take over the ruling class, and would in effect, create a classes society * Anarchism: fight against the order, don’t want any authority Incomplete Ideologies: * Racism * Nationalism * Social Darwinism From: Authoritarianism, Fascism and Totalitarianism Authoritarianism,| Fascism| Totalitarianism| * Ruled by threat or fear * â€Å"Black or white† posture (in or out) * Outlawed the opposition * Enforce their control by torture, execution, etc. * Motivated by patriotism * Resorting law and order * Defending country against the threat of Bolshevism * Leading a regeneration of the nation * Employed and censored the media| * Lower middle class radicalism * Deliberate diversion of the workers * Radical populist solution to the problem of restoring the â€Å"hegemony† of the dominant class| * Subordinate all aspects od the individual’s life to the authority of the gov. Official ideology * Single mass party * Terroristic police control of the population * Monopoly control of the media * Monopoly control of the arms * Central control of the economyâ€Å"worthless- creation of Cold War propaganda- designed to tie the Soviet system together with that of the Nazis† – some historians|

Heritage as an Idea of Oneself in Bless Me Ultima and The Lone Ranger a

Heritage as an Idea of Oneself in Bless Me Ultima and The Lone Ranger and Tonto Fistfight in Heaven  Ã‚        Ã‚  Ã‚   Traveling through humanity is a never-ending story.   Traveling through ethnicity is an ever changing journey.   Is race or culture a matter of color?   Is it a way of life;   or a decision an individual makes?   Is it an idea one has of themselves?   In the novels, Bless Me Ultima (Anaya 1972) and The Lone Ranger and Tonto Fistfight in Heaven (Alexie 1993), two different minority characters, Tony and Victor, give voice to their journey of growing up and finding their place in the world in regards to their heritage. The characters, in Anaya's and Alexie's novels, relate to a dominant culture, pursue balance in their life by searching traditions of the past, and attempt to blend their heritage into the present allowing them passage to the future.   Their journeys differ in respect to heritage and family situation.   Their journeys parallel considering that they are both male, belong to a minority, seek individual identity, and search for their place on the planet.   Each seeks peace within and without.   Although, their journeys are different, they are the same. The characters in the two novels, belong to two different cultures.   In Rudolfo Anaya's Bless Me Ultima, the young, Mexican-American Anthony Juan Marez y Luna (Tony) struggles between two ways of being a Spanish-Mexican-American while also dealing with the dominant white culture.  Ã‚   Tony's mother and father, although both born in New Mexico, come from two different cultures.   His father, a Marez, comes from a long line of Spanish "conquistadores, men as restless as the seas they sailed and as free as the land they conquered" (Anaya 6).   Tony's mother, a Luna, comes fr... ... America, 1982.   80-167. Meacham, Jon. "Redefining Race in America."   Newsweek September 2000:   38-41. Mitchell, Carol. "Rudolfo Anaya's Bless Me, Ultima:   Folk Culture in Literature." Critique:   Studies in Modern Fiction. 17.1 1980, 55-64. Smoke Signals.   Dir. Chris Eyre.   With Adam Beach and Evan Adams. Miramax/Shadowcatcher.   Prod. Larry Estes and Scott Rosenfelt. 1997. Tonn, Horst.   "Bless Me, Ultima:   A Fictional Response to Times of Transition." Aztlan, 18.1 1987, 59-68. White, Craig.   "American Minority Literature."   Handout.   University of Houston-Clear Lake.   Houston. 24 August 2000. - - - - - "American Minority Literature."   Notes.   27 September 2000. Yancey, William L.   Ericksen, Eugene P.; and Juliani, Richard N.   "Emergent Ethnicity:   A Review and Reformulation." American Sociological Review 41.3 1976: 391-403.      

Critique on Mm Theory Essay

It does not matter what the firm’s dividend policy is (Modigliani and Miller 958). The basic assumptions of MM theory are: 1 . The company only has the long-term bonds and common stocks, both bonds and stock trade in the complete capital market with no transaction cost; 2. The individual investors and corporate investors could gain the same interest rate with no liability risk; 3. The companies with similar operating conditions have the same business risks; 4. Investors hold the same expectations on the average business profit in future; 5. All cash flows are perpetual annuities, including EBIT (Earnings before interest and tax) etc, that is, the growth ate of the enterprise is zero (Modigliani and Miller 1958). The development of MM theory mostly experienced three stages: 1 . No-tax model. The first MM model takes no account of corporate taxations; 2. Corporate tax model. Modigliani and Miller (1963) published Corporate Income Taxes and the Cost of Capital: A Correction, which loosened its initial assumptions, introduced corporate tax into MM theory(Modigliani and Miller 1963); 3. Miller model. Merton H. Miller (1976) proposed to consider corporate tax and individual tax in estimating how the debt leverage impacts the value of firm (Miller 1977). During the past 50-year, MM theory has made tremendous academic achievements for western companies in exploring the optimal capital structure and reducing capital costs etc. Firstly, it provides a research frame of reference and theoretical basis. Since that, most of the capital theories are base on MM theory, such as Pecking-order Theory, Trade-off Theory, and Agency Theory etc. Secondly, MM theory makes the capital structure theories systematic and builds a framework for the development of capital structure theories. Secondly, MM theory makes the capital tructure theory systematically, as there was not a system of traditional capital structure theory. Last, but not least, it is only a general description of the traditional capital structure theory. While MM theory uses modern analytical methods, such as partial equilibrium, mathematical analysis etc, therefore, it makes MM theory become reliable. Despite tremendous achievements, there are still limitations in MM theory. First, the assumptions are too harsh, and most of them cannot be achieved in reality. To illustrate, MM theory assumes that individuals and corporations could borrow at the ore than what corporations do, as well as bear a higher risk. Furthermore, MM theory also assumes there is no transaction cost, which extremely differs from the real transaction process. Second, the assumptions are beyond the reality, although the logic derivation is correct, the conclusions still differs. Both corporate tax model and Miller model suppose that corporation should raise the liability as much as possible in order to maximise the value of the firm, in extremity, up to 100% liability. However, none of enterprises adopt this point. Third, MM theory stands at a static erspective, and does not consider the external economic environment and the impact on capital structure by changing enterprise’s production and operating conditions. In fact, many factors, which affect the capital structures, are variable. For example, companies should cut down their liabilities appropriately in order to reduce business risks, when the socio-economic experiences a recession. According to MM theory, the value of tax saving is associated with the corporate income tax rate. That is, the higher corporate income tax rate, the more tax deductible the corporation could achieve from financing by liability. In other words, corporations are inclined to finance by liabilities rather than equity financing in relative higher corporate income tax rate countries, and vice versa. Under the actual situation in China, the corporate income tax is much higher than other countries in the world; corporations should prefer financing from debt theoretically (Huang and Zhang 2007). However, actually, the capital structure of Chinese enterprises runs counter to the MM theory and other capital structure theories. The proportion of liability financing in China is far less than the proportion of equity financing (Huang and Song 2006). First of all, there is merely no mechanism in applying MM theory. In accordance with the MM theory, both individual and institutional investors can process arbitrage actions freely in the capital markets. In western well-developed capital markets, there is a wide range of fund-raising channels and other financing options, the arbitrage mechanisms usually affect the markets. However, at present, the market mechanism is not fully developed in China, as well as capital market is under-developed. Thus, these limit the financing options and forms; make it difficult to carry out arbitrage activities. Generally, MM theory cannot be applied.

Stories of Lab Accidents Lab Safety Gone Wrong

Do you have any tales to tell of lab experiments gone very wrong or lab accidents you have witnessed? What is the most dangerous thing you have ever seen someone do in a lab? Without proper lab safety, there is a serious risk of injury in a laboratory. Ill get the ball rolling with some of the lab safety lapses I have observed: One of my students thought you turned off a Bunsen burner by yanking the hose off of the gas. To make a long story short, he left the gas on in a lab overnight. That could have ended badly.Back when I was a grad student at ORNL one of my associates left his watch on when we were working on a vacuum evaporator. The power was on and it was surprisingly easy to accidentally locate the live connection. He could fly! I guess that is better than being rooted to the spot, right?Really, he could fly. He proved it a second time when we were doing something with the power source for a class IV laser. Electrons make people fly.One student pushed a glass pipette through his hand when trying to force it through a hole in a stopper. Hes actually the only person I have seen do that, though I have been told its a common accident.This isnt an accident or safety violation, but it relates to one. A student splashed a chemical in her eye and went to use the eyewash station. The water in the eyewash stat ion didnt have a drain since it was for emergencies, so it was only turned on when it was tested. The water from the eyewash station ran white for a couple of minutes. We later tested it for lead (very old building). Lets just say the girl would have been better off running to the bathroom and sticking her face in the toilet than using the eyewash.