I Completely Seduced ] Is A Free Form Poem - 1223 Words

[completely seduced] is a free form poem focusing on the efforts and transformative process of motherhood. Brandt utilizes literary elements such as structure and space to directly address an impacting message to her readers. The integration of transformation in [completely seduced] strongly influences a connection between reader and speaker by indulging in the aspects and theme of a mother’s unconditional love. Through literary elements and a strong globally experienced theme, Di Brandt creates a powerfully raw message about the effects of being a mother and raising a child. Background: Di Brandt is a mother of two daughters. While raising the girls, she attended graduate school to further her education in literature; going on to become a†¦show more content†¦The story describes a change in everyday life following motherhood, as well as the seductive pleasure found in providing for, caring for, and sacrificing for a little one-- all to see yourself: â€Å"in the dark pool / of your baby’s eyes† (Brandt, 13/14). The spacing and structure of the poem is set up to allow flow and momentum in the poem and its narrative. The speaker’s voice is present with emotion as emphasised in a natural rhythm of thought offering an honest and bare interpretation of motherhood. The open â€Å"blank space† of the poem encourages a calm and breathy atmosphere, fulfilling a mood of tranquility and bliss. Each stanza is short with a couple quick fragmented thoughts before closing each section with the power of a single word. Each stanza breaks apart a separate thought filled with a loving passion the speaker uses to stress the beauty, wonder, and over-flowing love present in motherhood. To better the structure, the poem itself is broken into three parts, each representing a stage of motherhood. The first segment of motherhood that is represented is during the moments while the baby is still in the womb and the mother waits in anticipation for the baby to arrive. This â€Å"honeymoon† phase is expressed with a tone filtered through a perception of rose-coloured glasses and excitement as the mother is in utter bliss to carry a life into the world. TheShow MoreRelatedA Comparison of The Lady of Shallot by Alfred Lord Tennyson, My Last Duchess by Robert Browning, La Belle Dame Sans Merci by Keats and To His Coy Mist1281 Words   |  6 PagesAndrew Marvell In this essay I am going to compare four poems: 1. The Lady of Shallot- Alfred Lord Tennyson 2. My Last Duchess- Robert Browning 3. La Belle Dame Sans Merci- John Keats 4. To his Coy Mistress - Andrew Marvell The connecting theme of all the poems is that are all written about a woman in love or who is loved by someone else. With the exception of To his Coy Mistress, I would say they are all tragic poems as The Lady of Shallot and My LastRead MoreAnalysis Of The Poem The By Eavan Boland1579 Words   |  7 Pages Anorexic The poem Anorexia, written by poet Eavan Boland who is influenced by Irish political, cultural and historical context. Eavan Boland lived in society according to which a woman has always been given the role of dependent humble housewife with her husband the earner. The poem â€Å"Anorexic† is included in a serial of poems In Her Own Image†, where she considered such subjects as periods, women s diseases, infanticideRead MoreChristina rosetti selected poems annotations Essay4700 Words   |  19 Pages Goblin Market Two sisters: Laura + Lizzie- seduced by goblins – mainly Laura AO2 Form + Structure: Christian allegory of temptation, fall, and Redemption. Rossetti does this to challenge the decidedly patriarchal perception of norms within Victorian culture in terms of sexuality to reconstruct the Christian idea of redemption. Written in loose iambic pentameters, the rising metre often speeds up the pace of the poem. By composing an epic poem, Rossetti emphasises the fast pace of the storeyRead MoreHow to Read Literature Like a Professor Outline Essay3160 Words   |  13 Pagesbecause the snake seduced Eve in the garden. Vampires aren’t just involved in vampirism. They revolve around selfishness and exploitation, as well as refusal to respect the autonomy of other people. Chapter 4 – If It’s Square, It’s a Sonnet Main Ideas: Sonnets can be described as versatile, ubiquitous, various and short. A sonnet is square shaped because of the fourteen line structure  and its meaning is in its sentence just like in basic writing. It is written in sentence form but simplyRead MoreA Study on Metafictive Devices in the French Lieutenant’s Woman5819 Words   |  24 Pagesand woman emancipation. As a multi-faceted new woman in the novel, Sarah liberates herself from rigid social conventions and finally achieves her spiritual emancipation. Key words: metafictive devices; woman emancipation; Victorian era Contents I. Introduction†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...1 II. The Study of Metafictive Devices of The French Lieutenant’s Woman†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...3 2.1 The Employment of Narrator-surrogate†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦.............................4 2.2 The Parody of Victorian Romance†¦Ã¢â‚¬ ¦ †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Read MoreThe Black Cat And The Tell Tale3559 Words   |  15 Pagesstories and poems, Edgar Allan Poe revitalized American literature. He was a main author in the nineteenth century during the movement of European literature. He is recognized as one of the leading progenitors of modern literature, in both horror and mystery fiction, and in its more complex and self-conscious form, which represent the essential artistic manner of the twenty century. He investigated the profound corners of the mind and its consciousness, with the abnormalities of his narrators. I will analyzeRead More Milton’s Paradise Lost Essay examples4372 Words   |  18 Pagesshe saw of herself in a pool of water. In fact, she was so infatuated with the image of herself that she would have remained had God not taken her away to meet her mate: â€Å"Pleas’d it return’d as s oon with answering looks/ Of sympathy and love, there I fixt/ Mine eyes till now, and pin’d with vain desire†¦Ã¢â‚¬  (IV, 464-466). Milton discusses the scene through Eve and she is the one who describes what goes on. He does this because the scene happens in the past and therefore he uses her to discuss it ratherRead MoreMens Rea The Writing Style and Feminism of Lakambini Sitoy7010 Words   |  29 Pages and Other Languages School of Arts and Sciences Cebu Normal University In Partial Fulfillment of Lit 4007 Masterpieces of Filipino Writers Farina Dianne C. 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Coping With Diabetes Mellitus Type II - 1711 Words

Coping With Diabetes As a patient, coping with being newly diagnosed with diabetes mellitus, can be very stressful for the patient and family members involved in the patient plan of care. The patient will have to make drastic lifestyle changes in order to be in compliance with the recommended treatment by the members of the health care team. Being a patient, making the necessary lifestyle adjustment will assist with management of the newly diagnosed illness. This essay will discuss a family member who was recently diagnosed with diabetes mellitus type II and has to take insulin. The family member is trying to gain knowledge in order to have a clear understanding of this illness. A questionnaire has been created for the family member regarding being diagnosed with diabetes mellitus. The results from the questionnaire will be discussed and further analyzed. There will be a discussion on how the patient, family and friends are accepting and their impact on the patient being diagno sed with diabetes mellitus. Finally an analysis of the care plan developed for diabetes mellitus will be discussed. The purpose of this essay is to help facilitate the patient and family members involved in the patient plan of care with education and management of diabetes mellitus. Identified Person Mrs T.R., a family member was just recently diagnosed with diabetes mellitus type II and she is required to take insulin. She is a thirty-five year old black female, married and has a four yearShow MoreRelatedDiabetes Mellitus As A Chronic Metabolic Disorder Essay1622 Words   |  7 Pages Chapter - 23 Diabetes Diabetes Mellitus is a chronic metabolic disorder that prevents the body to utilise glucose completely or partially. It is characterised by raised glucose concentration in the blood and alterations in carbohydrate, protein and fat metabolism. This can be due to failure in the formation of insulin or liberation or action. Since insulin is produced by the p cells of the islets of Langerhans, any receding in the number of functioning cells will decrease the amountRead MoreA Brief Note On Deborah And The United States Essay906 Words   |  4 PagesIntroduction Deborah is a 65-year-old First Nations woman living in northern Ontario, and who has type-II diabetes. After leaving high school in grade 11 and eventually working a 35-year career as a secretary at an elementary school in a poor neighbourhood in Toronto while raising her three children, Deborah retired nine years ago and moved back to her home community, where she is an active member on the Council and is a regular volunteer. 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Generally, Diabetes Mellitus is defined simply as a disease in which the body cannot process and use sugar correctly. As a result, sugar builds in the blood stream causing immediate symptoms of fever, increased thirst and urination, fatigue and if left untreated eventually coma and death. Overall, Type II Diabetes is a harsh disease withRead MoreType I Diabetes Mellitus ( Dmii ) Essay1824 Words   |  8 PagesType I diabetes mellitus (DMII) was previous referred to as juvenile diabetes, as it was known to affect mainly children and young adults. Typically individuals diagnosed with this chronic ill ness find out at an earlier age and treatment as well as plan of care begin and adjust, as they get older. According to the Americans Diabetes Association, only 5% of people diagnosed with diabetes mellitus have this form, compared with type II that is usually associated with obesity and older age. With typeRead MoreEthics Essay1396 Words   |  6 Pagespleads, â€Å"Please just tell the doctor he won’t take his medicine.† Many years ago he was diagnosed with Diabetes Mellitus Type II and has been on insulin for two years. His blood sugar on admission was 589. He is retired and was widowed one year ago. He’s active in his church, gardens, and likes to work on small projects around the house. His medical history includes Diabetes Mellitus Type II, insulin dependent, Hyperlipidemia, and Osteoarthritis. The three possible scenarios I came up with areRead MoreResearch Paper on Type 2 Diabetes2171 Words   |  9 Pagesworldwide prevalence of type 2 diabetes is skyrocketing alarmingly to epidemic proportions. According to King, Aubert and Herman (1998), in the year 2000 there were 150 million people with type 2 diabetes worldwide, and this number is expected to double by 2025. 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Blood Doping in Endurance Sports Free Essays

string(30) " in accordance with IF rules\." Blood Doping in Endurance Sports Blood doping has become a consistant part of sports and fair play. Blood doping enhances your performance by increasing red blood cell mass and as a result delivering more oxygen to muscle. This â€Å"boost† of energy has sparked major controversy in the sports world for what it can do for an athlete during endurance events such as running. We will write a custom essay sample on Blood Doping in Endurance Sports or any similar topic only for you Order Now The risks involve putting the cardiovascular system of the athlete being in severe danger because of this procedure. Still, there are athletes out there that will put themselves at risk just to experience the prestige feeling of being number one, regardless of the circumstances. Fortunately, the last few years’ studies have made great strides and it has been discovered that athletes can increase their blood’s oxygen level without any side effects. Over the course of many years the use of blood doping and substances have been extremely controversial in endurance sports, how is it monitored and should they be allowed, but more importantly what are the risks? Each year, athletes in the endurance sports, increase their performances greatly. There is always better training, better conditioning tactics, and healthier athletes. Most athletes in the endurance world take one, if not all, of these methods to improve their races. Some of these ways consist of altitude training and the High Altitude Bed which is a bed that stimulates being 10,000 or more feet above which helps endurance athletes increase EPO in their bodies. Both the altitude bed and altitude training are safe and practical ways to achieve what some athletes accomplish through a highly dangerous and somewhat controversial way. However, there are some athletes that will do anything to find an easy way out, which may hinder their performance rather than help them achieve their goals. Plasma injections or blood doping is a complicated process, which if done right, can give great benefits for the short term. The process is very precise, in that, if done incorrectly, can be deadly to the recipient of the blood. â€Å"Blood doping, often called induced erythrocythemia, is the intravenous infusion of blood to produce an increase in the blood’s oxygen carrying capacity† (Smith). Putting that in black and white, you increase the amount of oxygen in your body, making it easier to race harder. The procedure begins with between 1 to 4 units of a person’s blood (1 unit = 450 ml of blood) being withdrawn. Most athletes go through the drawing of blood several weeks before a key competition so they have time to rebuild their normal level of red blood cells. The blood is then centrifuged and the plasma components are immediately reinfused while the remaining red blood cells are placed in cold storage (McArdle). The red blood cells are then reinfused back into the body, usually one to seven days before a high endurance event. If done correctly, this process can increase the hemoglobin level and red blood count by up to a staggering twenty percent creating the optimum oxygen levels. That percentage can make an average to slightly above average athlete look great and even make a very successful athlete have a performance of a lifetime. The WADA, the world anti- doping agency, is starting to crack down on endurance athletes trying to hurdle over some of the regulations to get a better time or place in their event. Athletes will do anything in their power to get the best seed time, place and to finish at a desired time and place when the final competition is held. Seed times can be crucial in endurance sports or faster, shorter races; this seed can determine where they are positioned throughout the race. But to prevent the hurdling of regulations a â€Å"World Anti- Doping Code† was set in place which all endurance athletes must follow especially when it comes to prestigious events. The purposes of the World Anti-Doping Code and the World Anti-Doping Program which supports it are: to protect the athletes’ fundamental right to participate in doping-free sport and thus promote health, fairness and equality for athletes worldwide, and To ensure harmonized, coordinated and effective anti-doping programs at the international and national level with regard to detection, deterrence and prevention of doping† (USADA). The code is the fundamental and universal document upon which the World Anti-Doping Program in sport is based. The purpose of the Code is to advance the anti-doping effort through universal harmonization of core anti-doping elements. It is intended to be specific enough to achieve complete harmonization on issues where uniformity is required, yet general enough in other areas to permit flexibility on how agreed-upon anti-doping principles are implemented. † (USADA). Without this code athletes will not fear being tested or fear the risk of being exposed as a â€Å"cheater†. This Code implies that at any time a major athlete in a race can be tested if suggested or there is a high possibility the athlete could have used this method to â€Å"get ahead†. The international standards for this Code are to ensure every athlete across the globe understands this is illegal so every athlete in their race has a fair chance. The WADA does not want an athlete to break a world record in another country just because blood doping is legal in that country, therefore the Code applies to all endurance athletes world-wide. There are two ways to decide whether an athlete has used blood doping prior to their race and/or the day of their race. The athlete is either needed to take a blood or urine sample. There are such things as IC testing and OOC testing which refers to in-competition and out-of-competition. Yes, even if an athlete is out of season, blood doping is illegal, at all times, this includes the athlete is not competing in an upcoming race when they are found to have blood doped. In-Competition testing plans are primarily developed by coordinating with each National Governing Body (NGB) and are often in accordance with IF rules. You read "Blood Doping in Endurance Sports" in category "Papers" Athletes may be selected for testing by USADA, the US anti- doping agency, based on a criterion that typically includes established rules set forth by each â€Å"IF†. An example of how athletes would be selected for in competition or event testing could be: Placed finishers, such as the top three finishers and randomly selected athletes, such as ninth, twelfth, fourteenth, etc. Out of Competition testing-USADA’s Test Distribution Plan establishes the number of tests per sport based upon the number of athletes in the USADA Registered Testing Pool and in evaluation of the International Standards. USADA also carefully considers selection formulas or requests for target selection of particular Athletes which are proposed by the USOC or a particular NGB. Tests are then allocated to periods throughout the year when OOC Testing is most effective (USADA). This testing is taken extremely serious; the USADA is determined to make endurance sports as natural as possible, to give everyone in the races a fair advantage, with no exceptions. Not just anyone can perform blood or urine tests for blood doping on the athletes. â€Å"The United States Olympic Committee (USOC), National Governing Bodies (NGBs), and the World Anti-doping agency (WADA) Code have authorized USADA to test any athlete, but only under certain circumstances†, (USADA). These circumstances are ostly done in the United States but when there is an international event or team, these also qualify for random testing. Random testing can occur quite often, especially the week before a major competition or after the competition ends. The United States is most determined to catch unfaithful athletes, but it is a constant mission to get all countries to take this as seriously as the United States does. The USADA can test anyone who: Is a member of a license holder of a NGB; Is participating at an Event or Competition sanctioned by the USOC or a NGB or participating at an Event or Competition in the United States sanctioned by an IF. This rule does not exclude competitors outside of the United States. If the athlete is a foreign athlete who is present in the United States, the athlete can still be tested. If the Athlete has given their consent to testing by USADA or who has submitted a Whereabouts Filing to USADA or an IF within the previous 12 months and has not given their NGB written notice of retirement or been named by the USOC or an NGB to an international team or who is included in the USADA Registered Testing Pool (USADA RTP) or is competing in a qualifying event to represent the USOC or NGB in international competition. That is one problem as well, out of the country athletes under certain circumstances must agree to be tested, in order to be tested. But there are so many ways the USADA can test an athlete. For most athletes there is still no way around the random testing. Even if a United States Athlete or foreign Athlete present in the United States who is serving a period of ineligibility on account of an anti-doping rule violation and has not given prior written notice of retirement to the their NGB and USADA or the applicable foreign anti-doping agency or foreign sport association, the athlete can still be tested. Athletes can only be tested by USADA under authorization from the USOC, an NGB, IF, any NADO, WADA, the International Olympic Committee (IOC), International Paralympic Committee, (IPC), or the organizing committee of any Event or Competition (USADA). As said before, this is taken extremely seriously to keep endurance sports clean and natural. There are many substances such as anabolic agents, hormones or steroids, Beta-2 agonists, gene doping, stimulants, narcotics, cannabinnoids, etc. Blood doping seems to be on the top of the lists because it has the least side effects, hence why athletes resort to blood doping. But the side effects may be few, but they are extremely dangerous to an athlete’s heath and life. The side effects of blood doping include, â€Å"increased heart rate, blood clotting, and stroke,† (USADA). Those three side effects may seem like they can only happen to older athletes but they apply to anyone who considers blood doping. Although, this system is a great prevention of future doping it also causes controversy when an athlete wins an event and is immediately suspected of blood doping or using a substance. These tests and committees let athletes know they are serious about this controversy and are stopping at nothing to make athletes get the performance they want the real way, no cheating, no cutting corners, just hard, hard work. These accusations not only affect the runners ego it also puts an unwanted spotlight on the athlete which make fans and other runners question the athletes character. There are plenty of athletes accused of blood doping such as, â€Å"Lasse Viren, the famous Finnish distance runner, (who was tripped and got back up to still win the 10,000m in the Olympics, and won the 5,000m against Prefontaine in 1972 also won both again in 1976) was suspected of blood doping because he was still running elite even as he got older when most runners started to decline,† (Athletic Runner). Even though Lasse Viren was innocent, unfortunately we have this Code because that is not always the case. In other races such as the steeplechase even world champion steeplechaser, Marta Dominguez and his doctor have been accused of blood doping. At the center of cycling’s biggest doping investigation were among a reported 14 people detained across Spain by the Spanish Civil Guard in a new investigation. The Spanish news media reported that, â€Å" she was detained along with her trainer, Cesar Perez, and Eufemiano Fuentes, a doctor involved with Operation Puerto, which implicated more than fifty cyclists after raids in May 2006 that netted steroids, blood bags and blood doping equipment. It led to bans for Alejandro Valverde and Ivan Basso. Dominguez, thirty-five, is skipping the 2011 season because she is pregnant,† (New York Times). The urine sample to find out whether an athlete has violated the blood doping Code was a huge phenomenon in 2009. In recent studies, The World Anti-Doping Agency, found a new method that would allow wider testing of the banned blood-boosting hormone EPO. Arne Ljungqvist, vice president of WADA, said that, â€Å" if the new technique proved successful, it could be used much more widely than the existing system, which is expensive and complicated,† (New York Times). Before this testing became available it took days to figure out whether an athlete has cheated, but the urine testing has made big strides in speeding up the process for less controversy and stress for the athletes. Athletes like Cyclist Jesus Monzano have had bad experiences with blood doping. Blood doping can be lethal even for a healthy and fit athlete. He nearly died after being injected with poorly stored blood in 2003. It is found that, â€Å"an extraordinarily high level of RBCs in the blood can tax athletes’ hearts. Its hard work for the organ to push sludgy blood through an athlete’s veins† (Kois). Other athletes like Tyler Hamiliton face the loss of Olympic and prestigious medals, â€Å"He lost his medal in the cycling time trial because two separate blood tests suggested that he might be guilty of blood doping. Hamilton, who has up to now enjoyed a squeaky-clean image, denies the charge† (Kois). Although this can be done in almost any sport, the USADA’s considerations are consistent with WADA’s international Standards for testing (IST). These standards at minimum include: Physical demands of the sport and possible performance-enhancing effect that doping may elicit, available doping analysis statistics, available research on doping trends, training periods and competition season, the history of doping in the sport and/or discipline, training periods and the competition calendar, information received on possible doping practices, resources aimed at the detection of doping may be specifically targeted and USADA retains the right to test any athlete at any time. Currently, blood doping is a controversial issue. With great strides in science and sports medicine, this will probably be a dilemma for years to come. Many present and future athletes will have to use their best judgment when this procedure becomes an issue in their lives. Blood doping is illegal but is also somewhat undetectable. Even though there are ways to catch an athlete blood doping, the USADA still cannot catch everyone, as with any substances or ways to â€Å"get ahead†. Their goal is to make athletes realize this is an unfair advantage to athletes not blood doping. The potential risks of such a procedure seem to outweigh any potential benefits, above and beyond the ethical issues involved† (Wilmore). With all the things that can happen to a professional athlete, why risk it? If a distinct advantage is needed in endurance events, altitude training and the altitude sleep chamber seem to have far fewer risks and are currently safe and legal. And, if all else fail s, hard work and determination still count for something. Works Cited â€Å"Blood Doping. † USADA, 2011. Web. 19 Mar. 2011. ;. Brien Anthony J, Simon Toby L: The Effects of Red Blood Cell Infusion on 10- K. Race Time. JAMA 1987; 257:20:2761-2765. Catlin Don H, Murray Thomas H: Performance-Enhancing Drugs, Fair Competition, and Olympic Sport. JAMA 1996; 276:3:231-237. â€Å"Effects of Blood Doping and Gamow’s High Altitude Bed. † Blood Doping. http://spot. colorado. edu/~gamow/doping. html (9 Mar. 1997). Ghaphery Nick A: Performance-Enhancing Drugs. The Orthopedic Clinics of North America 1995; 26:3:433-442. Gledhill Norman: Blood Doping and Related Issues: a brief review. Medicine and Science in Sports and Exercise 1982; 14:3:183-189. â€Å"Killer drug should be tackled now, say’s expert. Blood Doping. http://www3. nando. net/newsroom/sports/oth/1996/oth/mor/feat/archive/031296/mor44236. html (9 Mar. 1997). Kois, Dan. â€Å"What Is Blood Doping? † Slate Magazine. 23 Sept. 2004. Web. 19 Mar. 2011. ;. McArdle William D, Katch Frank I, Katch Victor L: Exercise Physiology; Energy, Nutrition, and Human Performance. Second Edition: Lea and Febiger Copyright 1986; Philadelphia, PA. p. 409-411. Mirkin Gabe. â€Å"New Tests to Detect EPO Use. † Blood Doping. http://www. wdn. com/mirkin/fc51. html (9 Mar. 1997). â€Å"Prof’s Invention to Train Athletes While They Sleep. Blood Doping. http://spot. colorado. edu. /~gamow/bedpr. html (9 Mar. 1997). Smith Daniel A, Perry Paul J: The efficacy of Ergogenic Agents in Athletic Competition; Part II: Other Performance-Enhancing Agents. The Annals of Pharmacotherapy 1992; 26:5:653-658. Wadler Gary I: Drug Use Update. The Medical Clinics of North America 1994; 78:2:439-455. Wilmore Jack H, Costill David L: Training for Sport and Activity; The Physiological Basis of the Conditioning Process. Third Edition: Wm. C. Brown Publishers Copyright 1988; Dubuque, IA. p. 255-257. How to cite Blood Doping in Endurance Sports, Papers

Analects Of Confucius Essay Example For Students

Analects Of Confucius Essay The history of Chinese civilization spans thousands of years and encompasses countless ideas, beliefs, and societal and political doctrines. However, from a modern standpoint one distinct perspective prevails above the rest in the manner and degree it has influenced the development of China. For the previous 2,000 years the teachings of Confucius, and the systems of thought and behavior that have evolved from them, have had significant effects on Chinese thought, government institutions, literature and social customs. Confucianism has served a primary role as a social and moral philosophy and as practiced by many, especially in the educated upper classes, Confucianism had definite religious dimensions. The teachings of Confucius served to unite a developing society, binding together various aspects of civilization and culture into one coherent body that functions under common values and attitudes. Confucius sought a type of all encompassing unity for the world and for his people; his wisdom was intended to serve as guide. In the Analects, a compendium of Confucian teachings, Confucius said,Be of unwavering good faith and love learning. Be steadfast unto death in pursuit of the good Way. Do not enter a state which is in peril, nor reside in one in which the people have rebelled. When the Way prevails in the world, then show yourself. When it does not, then hide. When the Way prevails in your own state, to be poor and obscure is a disgrace; but when the Way does not prevail in your own state, to be rich and honored is a disgrace. (Analects 4.5)This lesson serves well as a paradigm for Confucian thought; it shows the direction that Confucius aspired toward, and the proper methods for the journey. Before endeavoring to understand Confucianism and its connection with China, it is necessary to develop and understanding of China in the pre-Confucius era, in which this philosophy evolved. The most ancient evidence of Chinese religious and social civilization dates back to the Shang dynasty, circa 1500 B.C.E. In this early agricultural society, there is evidence of some of the basic fundamentals of most Chinese religious thought; the pursuit, establishment, maintenance and enjoyment of harmony in the earthly world. During the Zhou dynasty (1122 771 B.C.E.), the path initiated by the Shang was sustained and expanded upon. The Zhou quest for harmony and order led to the development of some extremely crucial concepts that would directly effect the development of Confucianism. It was in this era that the notion of Tian, the force that can be best understood as heaven, first came to light. This later led to the conception of the idea of the Mandate of Heaven (Tian-ming) from which rule rs derived all power and sense of legitimacy, due to the accordance of their behaviors with the norms of morality and ritual correctness. In connection with this, the relatively stable feudal society of Zhou era was responsible for the emergence of the tao. This principal made cosmic order and harmony possible; the tao can be thought of as the road or path from which come perfect unity, harmony and order. This idea played a critical role in the development of Confucianism and dramatically affected the course of Chinese development. In the eighth century B.C.E., the Zhou dynasty began to fall apart as barbarous tribes invaded from the west. This led to the disintegration of Zhou rule and the creation of a number of contending smaller states hoping to re-unify China under a new dynasty. This serious breach in the structure of society and the disharmony that prevailed led to new movements of thought. The sages of this time felt strong aspirations to find solutions to the numerous problems that surrounded them. It probably is for this reason that the six-century B.C.E. was characterized by distinct progress in Chinese thought, and became known as the age of the hundred philosophers. Foremost in this era, Confucius was born. Kung Fu-tzu was the given name of the great moral philosopher and teacher, Confucius is merely a romanized version of this. He is thought to have been born in the principality of Lu, in what is now Shantung Province, in Northeast China. This is the only information about Confucius that is known to be unyielding fact; almost all of the biographical information on this man is derived from the Life of Confucius by the historian Szema Chien. Nearly all the data contained in this book is held to be accurate, being derived from dependable oral traditions. Confucius is said to have embarked on his quest for knowledge, order and harmony in an effort to dispel the conflict and dissension that existed in his time. Throughout his life he would seek to bring about a return to the ancient values, through a standardization of rituals, the creation of a system of rationalized feudalism and, most importantly, the establishment of ethical relationships based upon the principals of reciprocity and benevolence. Confucius most likely started his career in a very lowly position (although some scholars dispute this) and through his intense devotion and perseverance was able to rise to a respected position in the civil service. It was at this time that Confucius is thought to have traveled widely in China, studying ancient rites and ceremonies. His devotion to antiquity was genuine and passionate. Confucius said,I transmit but do not create. I have been faithful to and loved antiquity (Analects 7.1)Confucius then developed a reputation for overtly cri ticizing government policies, arguing that the governments of the time were leading the people away from li, a Confucian inspiration that can best be understood as a amalgamation of the terms ritual, custom, propriety and manners. Because of this Confucius began to devote the preponderance of his labors to teaching and edification. Confucius is accredited to have said, I silently accumulate knowledge; I study and do not get bored; I teach others and do not grow weary for these things come naturally to me.'(Analects 7.2)Confucius quickly began to develop a reputation as a prominent instructor and sage. Even though he had ceased to function as a political administrator, his teachings were steeped in politics and state affairs. In fact, an inordinate number of Confucian pupils achieved great success as office seekers. In his last years, Confucius wholeheartedly devoted himself to editing the classical books of Chinese history now known as the Wu Jing or Five Classics. In these books C onfucius sought to permanently preserve the ancient knowledge that he valued so dearly, and it seems to serve as a perfect legacy for this distinguished academic. A Synopsis of Accounting for Business Combinations EssayAlong with this newfound fixation with the absolute, Neo-Confucians also developed a clear definition of the most important Confucian virtues, called the five moral principals. Ju Xi, a prominent Neo-Confucian philosopher said,Mans original nature is pure and tranquil. Before it is aroused, the five moral principals of his nature, called humanity, righteousness, propriety, wisdom and faithfulness, are complete. As his physical form appears, it comes into contact with external tings and is aroused from within. As it is aroused from within, the seven feelings, called pleasure, anger, sorrow, joy, love, hate and desire, ensue. As feelings become strong and increasingly reckless, his nature becomes damaged. For this reason the enlightened person controls his feelings so that they will be in accord with the Mean. He rectifies his mind and nourishes his nature. (Ibid 2.3)According to this train of thought, emotions are grounded in L i, the absolute, and are stimulated by the activities of everyday life. By nature the emotions, even anger and hate, are not considered bad. But when the emotions become over stimulated, a disparity may appear between ones inner essential nature and ones outer, conscious life. When this takes place, ones actions will no longer be in accordance with the Principal and disharmony will persist unbridled. In addition to Neo-Confucianisms emphasis on emotional control, the old moral and political stance of Confucius was held to be paramount. Respecting the ancient knowledge in the true Confucian manner, Neo-Confucianism continued to emphasize the regulation of public and private lives. Everything was to be kept in its proper place, and ritualized social patterns prevailed. Enacting a firmly regulated social life was inner harmony and the direct experience of the ultimate Li. Confucianism almost exclusively regulated the social and political structure of China from the eleventh century through the nineteenth. Much can be ascertained about China by studying this phenomenon. Confucianism was always an elite tradition, and it generally did not appeal greatly to the masses. For this reason, in Confucian ruled China, few attempts were made to root out and dissolve other religious practices and institutions. Although this could have likely been done without excessive effort, the original Confucian stance of rule-by-example was strictly adhered to. Thus the Confucian attitude toward Daoist, Buddhist and folk religious practices was one of bemused toleration. It only catalyzed into active persecution if one of the groups entered a position were it was a threat to political stability. Confucianism held its elated position in China through intense promotion of Confucian institutions acting on the state, village, occupational guild and family level. At the state level, Confucian practices and many groups were strictly adherent to rituals. The educated elite, intellectuals and office holders were often devout supporters of Confucian structure. Twice a year government officials gathered at Confucian temples to practice determined rituals. These rituals were quite important, serving to show the officials loyalty to the state and their loyalty to the ideas of chun-tzu, the superior man. In the Imperial court, there was also an intense devotion to Confucian rituals. The emperor himself played a vital role in most of these practices, symbolically acting on behalf of the entire Chinese nation. Throughout the entire record of Chinese history as we know it today, few things remained constant. Yet because of the extent at which Confucianism was integrated into Chinese society, politics and daily life, it stayed invariable for many hundreds of years. Confucian thought played a dominant role in the gradual development and evolution of a society. Even though dramatic changes have reshaped China in the recent history, it seems like many Confucian attitudes and ideas must still influence the way Chinese think and live. Few factors could have helped to shape the Chinese character more dramatically. It is for this reason that I see Confucianism as a valuable tool for developing a lucid and precise understanding of China. To understand Confucianism similar to understanding the manner in which a river helps to shape a canyon. Confucianism holds many direct contrasts to the majority of western the philosophies that I have experienced. Understanding this has helped me bridge the cultura l and philosophical gap between China and the West that has hindered my comprehension in the past. Wright, Arthur F. Confucianism and Chinese Civilization. Stanford: Stanford University Press, 1975. Dawson, Raymond. Confucius. New York: Hill and Wang, 1982. Paley, Alan L. Confucius: Ancient Chinese Philosopher. Charlotteville: SamHar Press, 1973. Bibliography:

Elements of a Crime Essay Example

Elements of a Crime Essay Elements of a Crime (Actus Reus Mens Rea) Model Lesson Plan Source: Original lesson plan. Handout #2 from David Crump, Criminal Law: Cases, Statutes, And Lawyering Strategies, Lexis Nexis 2005 pg. 117-18. I. Goals: by the end of this class students should have a strong foundation for reading criminal statutes and differentiating similar crimes. II. Objectives a. Knowledge objectives: as a result of this class students will be better able to: i. define â€Å"Actus Reus† and â€Å"Mens Rea† ii. understand the different gradations of Mens Rea iii. nderstand the differences between Washington’s homicide statutes b. Skills objectives: as a result of this class students will be better able to: i. read a statute carefully and apply it to fact patterns ii. present and defend their interpretations of the law c. Attitude objectives: i. Students should understand that the severity of criminal punishments can vary greatly depending on the defendant’s mental state in a manner that is largely consistent with the general societal belief that intentionally wrongful acts are worse than unintentional, but still wrongful acts. ii. Students should carefully consider the potentially harsh results that occur when legislatures replace mens rea with strict liability. III. Methods (1)Distribute Handout #1 (Hypos) (2)Read the introductory hypothetical aloud as a class. Ask for volunteers to answer the questions. a. The class should come to the conclusion that Frank did â€Å"cause† Bill’s death in the sense that if he hadn’t moved the mirror in the particular way he did at that exact time, the window washer wouldn’t have been blinded and Bill wouldn’t have slipped. This is a good example of â€Å"but for† or â€Å"actual causation† as used in Handout #2. We will write a custom essay sample on Elements of a Crime specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Elements of a Crime specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Elements of a Crime specifically for you FOR ONLY $16.38 $13.9/page Hire Writer However, the law typically only imposes liability where the defendant’s conduct is the â€Å"proximate cause† of the harmful event/ crime. b. However, it seems like Frank didn’t do anything â€Å"wrong. † Try to elicit why this result seems wrong and write the class’s ideas on the whiteboard. (3)Distribute Handout #2 (Elements) (4)Handout #2 Walk through the Elements handout. Be careful to explain that not all of the elements are always present in a criminal statute. For example, attempted murder doesn’t have a harm element and parking violations don’t have a mens rea element, e. g. ne can receive a parking citation for parking in a handicapped spot even if it was unintentional or an accident. Furthermore, the elements aren’t perfectly discrete and there is some overlap. (5)Distribute Handout #3 (Statutes) a. Explain that the groups will be analyzing the hypos with respect to the statutes provided in Handout #3. The Grades of Ho micide are meant to demonstrate the changes mens rea. b. Walk through the statutes and give a thumbnail sketch of i. First degree murder: 1. Premeditated killing. An intentional killing that was deliberate and contemplated prior to the killing. . Extreme Indifference. Covers the possibility that someone knows that what they are going to do will result in the death of another person, but at the same time doesn’t â€Å"intend† to kill. See the bomb hypo in handout # 1. ii. Second degree murder 1. Intentional killing without premeditation. The classic example is a passion killing where the homicide occurs in the heat of the moment. iii. First degree manslaughter 1. Recklessness. Conscious awareness of an unacceptable risk to human life. Recklessness is similar to extreme indifference, but the risk that human life will be lost is less. v. Second degree manslaughter 1. Criminal negligence. Gross deviation from standard of care. v. Statutory rape 1. No mens rea. Strict liabi lity with a limited affirmative defense where minor misrepresents age. In an effort to protect minor children, state legislatures have placed an increased burden to ascertain age on the older party. (6)Break into groups of 3-5 to apply statutes to Hypos 1-5. Have groups designate a reporter and a recorder. The recorder should write each of the group members’ names on the top of handout #1 and also record the group’s answers on the space provided. The Reporter is responsible for explaining the group’s reasoning and conclusion when the class reconvenes. (7)Reconvene Class: call on each group to present their analysis of one hypo. Ask questions to push them in the right direction if you think they missed something or ask questions forcing them to defend their answers if you think they got it right. Note to teacher: suggested answers to the hypotheticals are on a separate sheet at the end of this lesson plan. (8)Take-away: mens rea standards vary widely from premeditated intent to strict liability. You need to read statutes carefully to determine the correct standard. IV. Evaluation a. Group performance on written responses to Hypos1-5 and class discussion. V. Assignment a. Write a one page response to the following question: Should Melvin be punished for his relationship with Laura? If not, please explain why. How do you think Washington’s statutory rape statute should be changed? If you think that Melvin should be punished, please explain why. Handout #1: Hypothetical Scenarios Introductory Hypo: Frank is helping his friend move into a downtown Seattle condo. While unloading a large mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th floor of the skyscraper across the street which temporarily blinds a window washer and causes him to stumble. During this moment of temporary blindness, lasting about a second and a half, the window washer inadvertently kicks over his window washing bucket onto the street below. The water and soap from the bucket hit the sidewalk right in front of Bill the jogger. Bill was unable to stop before stepping on the slippery sidewalk, causing him to lose his balance and fall. When Bill fell, he hit his head on the sidewalk. Bill died two weeks later from his head injury. Suppose that Washington law provides: Anyone who causes the death of another person shall be guilty of murder. Would Frank be guilty of murder under this law? Should he be? Group Exercise Hypos Instructions: Nominate someone in your group to be the recorder and another person to be the class reporter. Read each hypothetical and determine which statute, if any, applies to the facts of the hypothetical and whether the defendant has violated the statute. Hypo #1: Sarah is held at gun point by Roger on a rooftop. Roger tells Sarah that she must shoot and kill Steven. Sarah pleads with Roger to let her go and that she does not want to kill Steven. Roger tells Sarah that unless she successfully shoots and kills Steven, he will kill Sarah and her entire family. Roger has a violent reputation and Sarah has no reason to believe that Roger will not follow through with his threat. Roger identifies Steven walking on the other side of the street and tells Sarah to take the shot. Fearing for the safety of her family and herself, Sarah takes careful aim at Steven, gauges the wind and change in elevation, and fires a precise shot penetrating Steven’s heart. What crimes if any has Sarah committed? Explain ____________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________ Hypo #2: Mildred comes home from work early only to discover her husband Robert in the midst of a lewd affair with their neighbor Gladys. In sudden fit of rage, Mildred grabs a flower vase and smashes it over Gladys’ head knocking her unconscious. With a broken shard of ceramic from the vase, Mildred stabs Robert in the neck. Robert dies from sudden blood loss within seconds. After killing Robert, Mildred drags Gladys’ unconscious, but still breathing, body into the garage where she ties Gladys to a folding chair and duct tapes her mouth shut to keep her from screaming. Mildred then returns to the house, prepares a cup of hot tea and takes a long bubble bath contemplating what she should do with Gladys. After finishing her bath, Mildred brainstorms in a note book for several hours about what she might do with Gladys. Ultimately, Mildred decides that Gladys must die for what she has done. Mildred then returns to the garage where she calmly shoots and kills Gladys with a pistol at point blank range. What crimes if any has Mildred committed? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Hypo #3: One day, George decides that he would like to see what would happen if he were to drop several pounds of high explosives from a freeway overpass into busy fast-moving traffic. George purchases several pounds of high explosives over the internet and then goes to a nearby overpass overlooking I-5. He drops the explosives in front of a large semi-truck and mutters to himself, â€Å"I sure hope nobody gets hurt. † When the explosives hit the pavement below they instantly detonate and blow-up the semi-truck killing its two occupants. In addition, five more motorists are killed in the ensuing pile-up. What crimes if any has George committed? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Hypo #4: Jim is driving down the freeway when he spills his bag of Skittles onto the front passenger floor. Not wanting to lose a single sugary morsel, Jim leans down to retrieve the handful of lost Skittles. In so doing, Jim takes his eyes completely off the road for 8 seconds. While reaching for the last Skittle, Jim inadvertently jerks the steering wheel which veers his car into the next lane. Jim’s car strikes another car forcing it into the ditch. Upon entering the ditch, the other car flips into the air and lands on its roof. All three occupants are crushed to death. What crimes if any has Jim committed? Explain. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Hypo #5: Melvin is 21 years old. He has been held back several grades and reads at approximately a 6th grade level. Laura is 15 ? years old. She is a very bright student and takes nearly all AP classes. Laura and Melvin live in the same neighborhood. Laura has always felt sorry for Melvin and was friendly to him even when the neighborhood kids teased and taunted him. As their friendship grew, their relationship, at Laura’s suggestion, became sexual. Melvin never asked Laura how old she was nor did Laura ever tell Melvin her age. When Laura’s father discovered the relationship, he turned Melvin into the police. What crimes if any has Melvin committed? Does he have any defenses? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Handout #2: Elements of a Crime 1. Actus Reus. Actus reus is often characterized as the physical part of a crime. In most cases, it describes what the offender must do. A murder statue will require the offender to â€Å"kill,† an arson law will punish people who â€Å"set fire to† a structure, and theft may require someone to â€Å"take† something a. Voluntary Act: The defendant’s act must be voluntary. b. Circumstances: Many Crimes occur only in a specifically described situation. For example, bribery of a juror requires that the person bribed have been a juror (not another official). c. Harm or result: Many criminal laws require a specific harm to have occurred before the statute applies. In murder, there must be a person killed, and in arson, there must be a burned structure. d. Causation: Often a statute requiring harm (such as death or an explosion) also requires that the defendant cause that harm. Causation links the defendant’s conduct to the result. i. â€Å"But for,† â€Å"Cause in Fact,† or â€Å"Actual† causation is the simplest form of causation. It simply provides that a particular result (such as death) would not have occurred without the defendant’s action. ii. Proximate causation is narrower than â€Å"but for† causation. Proximate causation is limited to the foreseeable consequences of the defendant’s actions. 2. Mens Rea. Mens Rea is often characterized as the mental requirement in a criminal law. Modern statutes often use four categories of mens rea: intentionally (or purposefully or willfully), knowingly, recklessly, and with criminal negligence. Handout #3: Statutes First Degree Murder: RCW 9A. 32. 030 (1)A person is guilty of murder in the first degree when: (a)With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or (b)Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or c) [Felony Murder—not covered in this exercise] Second Degree Murder: RCW 9A. 32. 050 (1)A person is guilty of murder in the second degree when: (a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or (b) [Felony Murder—not covered in this exercise] First Degree Manslaughter: RCW 9A. 32. 060 (1)A person is guilty of manslaughter in the first degree when: (a) He recklessly causes the death of another person; or (b) He intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child. Second Degree Manslaughter: (1)A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person. Rape of a Child in the third Degree (Statutory Rape): RCW 9A. 44. 079 (1)A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim. Defenses: RCW 9A. 44. 030 2) In any prosecution under this chapter in which the offense or degree of the offense depends on the victims age, it is no defense that the perpetrator did not know the victims age, or that the perpetrator believed the victim to be older, as the case may be: PROVIDED, That it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed the alleged victim to be the age identified in subsection (3) of this section based upon declarations as to age by the alleged victim [i. . over the age of 16 or less than 48 months apart in age] ? FOR THE TEACHER: Answer Key to Hypothetical Questions Introductory Hypo: The point of the introductory hypo is to realize that there are two types of causation. â€Å"Simple† causation or â€Å"cause in fact† might describe how a physicist would define causation. Under this type of causation, event A is a cause of the later event B, if B would not have occurred â€Å"but for† the occurrence of event A. Therefore, in the example, the event of Frank moving the mirror is a cause in fact of Bill’s death in this sense because if Frank hadn’t moved the mirror in the way he did, the sequence of events that led to Bill’s slip would not have occurred and Bill would not have died. However, in a legal context, â€Å"cause in fact† is a necessary but not sufficient element. To be legally liable for a particular action, one’s conduct must be the proximate cause of the liability generating event. Proximate cause is a subsection of â€Å"cause in fact† and is limited to events that are foreseeable. Therefore, Frank would not be criminally liable for the death of Bill under existing criminal law frameworks because Bill’s death was not foreseeable. Hypo #1: The issue here is whether Sarah is liable for some level of homicide offense. Since Roger held Sarah at gunpoint and Sarah knew that Roger was a violent person one could argue that Sarah did not shoot Steven voluntarily even though she had the clear intent of shooting Steven because she took careful aim, adjusted for the wind, and placed a precise shot. Duress is a defense to most crimes. However, duress is not a defense to homicide, so Sarah is potentially liable for either murder or manslaughter (duress can reduce a crime that would otherwise constitute murder to manslaughter under certain circumstances). You might ask students: How do you think a prosecutor would or should handle this case? Should he or she use his or her discretion to not file charges against Sarah? Hypo #2: There are two homicides in this case: Gladys and Robert. Mildred’s killing of Robert would be murder in the second degree because in a fit of sudden rage (no premeditation) she intended to kill her husband by stabbing im in the neck. Robert’s death is the classic â€Å"passion killing. † However, Mildred’s killing of Gladys would be murder in the first degree because after dragging her body to the garage, she took time and deliberated about what she was going to do and then killed Gladys. Gladys’s murder was premeditated. Hypo #3: Is George guilty of murder? George did not have a clear intent to harm anyone when he dropped the bomb onto the interstate. However, under subsection (b) of Washington’s first degree murder statute, George manifested â€Å"an extreme indifference to human life† that created â€Å"a grave risk of death to any person. Therefore, even though George didn’t intend to kill anyone, he could be found guilty of murder in the first degree. Hypo #4: One could argue that Jim should be guilty of murder in the first degree under the extreme indifference prong, but Jim’s conduct is not nearly as abhorrent as George dropping a bomb onto the interstate. Motorists do dangerous things in the car all the time that are distracting and cause accidents. Therefore, reaching over to pick up some Skittles is probably not â€Å"extreme indifference. † Jim is most likely guilty of first or second degree manslaughter. The difference between the two is that manslaughter one requires â€Å"recklessness† whereas manslaughter two requires only â€Å"criminal negligence. † Negligence is the lower standard and asks only whether Jim should have known better than to reach for the skittles, whereas recklessness is a subjective standard which would require that Jim knew what he was doing was dangerous. From the facts of the case, it appears that Jim did not recognize the danger in what he was doing and would most likely only face a charge of manslaughter in the second degree. Note: Vehicular homicide might also be charged in this case. Hypo #5: Despite the sympathetic circumstances, Melvin is liable for statutory rape. Laura is younger than 16 (the age of consent in WA) and Melvin is more than 4 years older than her. The limited defense of misrepresentation of age by the minor does not apply because Laura never represented her age in the first place. There is no mens rea element to statutory rape. Rather, it is a strict liability offense in the same way Elements of a Crime Essay Example Elements of a Crime Essay Elements of a Crime (Actus Reus Mens Rea) Model Lesson Plan Source: Original lesson plan. Handout #2 from David Crump, Criminal Law: Cases, Statutes, And Lawyering Strategies, Lexis Nexis 2005 pg. 117-18. I. Goals: by the end of this class students should have a strong foundation for reading criminal statutes and differentiating similar crimes. II. Objectives a. Knowledge objectives: as a result of this class students will be better able to: i. define Actus Reus and Mens Rea ii. understand the different gradations of Mens Rea iii. nderstand the differences between Washington’s homicide statutes b. Skills objectives: as a result of this class students will be better able to: i. read a statute carefully and apply it to fact patterns ii. present and defend their interpretations of the law c. Attitude objectives: i. Students should understand that the severity of criminal punishments can vary greatly depending on the defendant’s mental state in a manner that is largely consistent with the general societal belief that intentionally wrongful acts are worse than unintentional, but still wrongful acts. ii.Students should carefully consider the potentially harsh results that occur when legislatures replace mens rea with strict liability. We will write a custom essay sample on Elements of a Crime specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Elements of a Crime specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Elements of a Crime specifically for you FOR ONLY $16.38 $13.9/page Hire Writer III. Methods (1)Distribute Handout #1 (Hypos) (2)Read the introductory hypothetical aloud as a class. Ask for volunteers to answer the questions. a. The class should come to the conclusion that Frank did cause Bill’s death in the sense that if he hadn’t moved the mirror in the particular way he did at that exact time, the window washer wouldn’t have been blinded and Bill wouldn’t have slipped. This is a good example of but for or actual causation as used in Handout #2.However, the law typically only imposes liability where the defendant’s conduct is the proximate cause of the harmful event/ crime. b. However, it seems like Frank didn’t do anything wrong. Try to elicit why this result seems wrong and write the class’s ideas on the whiteboard. (3)Distribute Handout #2 (Elements) (4)Handout #2 Walk through the Elements handout. Be careful to explain that not all of the elements are always present in a criminal statute. For example, attempted murder doesn’t have a harm element and parking violations don’t have a mens rea element, e. g. ne can receive a parking citation for parking in a handicapped spot even if it was unintentional or an accident. Furthermore, the elements aren’t perfectly discrete and there is some overlap. (5)Distribute Handout #3 (Statutes) a. Explain that the groups will be analyzing the hypos with respect to the statutes provided in Handout #3. The Grades of Homicide are meant to demonstrate the changes mens rea. b. Walk through the statutes and give a thumbnail sketch of i. First degree murder: 1. Premeditated killing. An intentional killing that was deliberate and contemplated prior to the killing. . Extreme Indifference. Covers the possibility that someone knows that what they are going to do will result in the death of another person, but at the same time doesn’t intend to kill. See the bomb hypo in handout # 1. ii. Second degree murder 1. Intentional killing without premeditation. The classic example is a passion killing where the homicide occurs in the heat of the moment. iii. First degree manslaughter 1. Recklessness. Conscious awareness of an unacceptable risk to human life. Recklessness is similar to extreme indifference, but the risk that human life will be lost is less. v. Second degree manslaughter 1. Criminal negligence. Gross deviation from standard of care. v. Statutory rape 1. No mens rea. Strict liability with a limited affirmative defense where minor misrepresents age. In an effort to protect minor children, state legislatures have placed an increased burden to ascertain age on the older party. (6)Break into groups of 3-5 to apply statutes to Hypos 1-5. Have groups designate a reporter and a recorder. The recorder should write each of the group members’ names on the top of handout #1 and also record the group’s answers on the space provided.The Reporter is responsible for explaining the group’s reasoning and conclusion when the class reconvenes. (7)Reconvene Class: call on each group to present their analysis of one hypo. Ask questions to push them in the right direction if you think they missed something or ask questions forcing them to defend their answers if you think they got it right. Note to teacher: suggested answers to the hypotheticals are on a separate sheet at the end of this lesson plan. (8)Take-away: mens rea standards vary widely from premeditated intent to strict liability.You need to read statutes carefully to determine the correct standard. IV. Evaluation a. Group performance on written responses to Hypos1-5 and class discussion. V. Assignment a. Write a one page response to the following question: Should Melvin be punished for his relationship with Laura? If not, please explain why. How do you think Washington’s statutory rape statute should be changed? If you think that Melvin should be punished, please explain why. Handout #1: Hypothetical Scenarios Introductory Hypo: Frank is helping his friend move into a downtown Seattle condo.While unloading a large mirror from the moving truck, the bright sunlight hits the mirror and reflects against the 40th floor of the skyscraper across the street which temporarily blinds a window washer and causes him to stumble. During this moment of temporary blindness, lasting about a second and a half, the window washer inadvertently kicks over his window washing bucket onto the street below. The water and soap from the bucket hit the sidewalk right in front of Bill the jogger. Bill was unable to stop before stepping on the slippery sidewalk, causing him to lose his balance and fall.When Bill fell, he hit his head on the sidewalk. Bill died two weeks later from his head injury. Suppose that Washington law provides: Anyone who causes the death of another person shall be guilty of murder. Would Frank be guilty of murder under this law? Should he be? Group Exercise Hypos Instructions: Nominate someone in your group to be the recorder and another person to be the class reporter. Read each hypothetical and determine which statute, if any, applies to the facts of the hypothetical and whether the defendant has violated the statute.Hypo #1: Sarah is held at gun point by Roger on a rooftop. Roger tells Sarah that she must shoot and kill Steven. Sarah pleads with Roger to let her go and that she does not want to kill Steven. Roger tells Sarah that unless she successfully shoots and kills Steven, he will kill Sarah and her entire family. Roger has a violent reputation and Sarah has no reason to believe that Roger will not follow through with his threat. Roger identifies Steven walking on the other side of the street and tells Sarah to take the shot.Fearing for the safety of her family and herself, Sarah takes careful aim at Steven, gauges the wind and change in elevation, and fires a precise shot penetrating Steven’s heart. What crimes if any has Sarah committed? Explain ____________________________________________________________________________________________________________________________________________________________ ______________________________________________________________________________ Hypo #2: Mildred comes home from work early only to discover her husband Robert in the midst of a lewd affair with their neighbor Gladys.In sudden fit of rage, Mildred grabs a flower vase and smashes it over Gladys’ head knocking her unconscious. With a broken shard of ceramic from the vase, Mildred stabs Robert in the neck. Robert dies from sudden blood loss within seconds. After killing Robert, Mildred drags Gladys’ unconscious, but still breathing, body into the garage where she ties Gladys to a folding chair and duct tapes her mouth shut to keep her from screaming. Mildred then returns to the house, prepares a cup of hot tea and takes a long bubble bath contemplating what she should do with Gladys.After finishing her bath, Mildred brainstorms in a note book for several hours about what she might do with Gladys. Ultimately, Mildred decides that Gladys must die for what she has done. Mildred then returns to the garage where she calmly shoots and kills Gladys with a pistol at point blank range. What crimes if any has Mildred committed? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Hypo #3: One day, George decides that he would like to see what would happ en if he were to drop several pounds of high explosives from a freeway overpass into busy fast-moving traffic. George purchases several pounds of high explosives over the internet and then goes to a nearby overpass overlooking I-5. He drops the explosives in front of a large semi-truck and mutters to himself, I sure hope nobody gets hurt. When the explosives hit the pavement below they instantly detonate and blow-up the semi-truck killing its two occupants. In addition, five more motorists are killed in the ensuing pile-up.What crimes if any has George committed? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Hypo #4: Jim is driving down the freeway when he spills his bag of Skittles onto the front passenger floor. Not wanting to lose a single sugary morsel, Jim leans down to retrieve the handful of lost Skittles. In so doing, Jim takes his eyes completely off the road for 8 seconds.While reaching for the last Skittle, Jim inadvertently jerks the steering wheel which veers his car into the next lane. Jim’s car strikes another car forcing it into the ditch. Upon entering the ditch, the other car flips into the air and lands on its roof. All three occupants are crushed to death. What crimes if any has Jim committed? Explain. __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Hypo #5: Melvin is 21 years old. He has been held back several grades and reads at approximately a 6th grade level. Laura is 15 ? years old. She is a very bright student and takes nearly all AP classes. Laura and Melvin live in the same neighborhood. Laura has always felt sorry for Melvin and was friendly to him even when the neighborhood kids teased and taunted him. As their friendship grew, their relationship, at Laura’s suggestion, became sexual. Melvin never asked Laura how old she was nor did Laura ever tell Melvin her age.When Laura’s father discovered the relationship, he turned Melvin into the police. What crimes if any has Melvin committed? Does he have any defenses? Explain __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Handout #2: Elements of a Crime 1. Actus Reus. Actus reus is often characterized as the physical part of a crime. In most cases, it describes what the offender must do.A murder statue will require the offender to kill, an arson law will punish people who set fire to a structure, and theft may require someone to take something a. Voluntary Act: The defendant’s act must be voluntary. b. Circumstances: Many Crimes occur only in a specifically described situation. For example, bribery of a juror requires that the person bribed have been a juror (not another official). c. Harm or result: Many criminal laws require a specific harm to have occurred before the statute applies. In murder, there must be a person killed, and in arson, there must be a burned structure. d.Causation: Often a statute requiring harm (such as death or an explosion) also requires that the defendant cause that harm. Causation links the defendant’s conduct to the result. i. But for, Cause in Fact, or Actual causation is the simplest form of causation. It simply provides that a particular result (such as death) would not have occurred without the defendant’s action. ii. Proximate causation is narrower than but for causation. Proximate causation is limited to the foreseeable consequences of the defendant’s actions. 2. Mens Rea. Mens Rea is often characte rized as the mental requirement in a criminal law.Modern statutes often use four categories of mens rea: intentionally (or purposefully or willfully), knowingly, recklessly, and with criminal negligence. Handout #3: Statutes First Degree Murder: RCW 9A. 32. 030 (1)A person is guilty of murder in the first degree when: (a)With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or (b)Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or c) [Felony Murder—not covered in this exercise] Second Degree Murder: RCW 9A. 32. 050 (1)A person is guilty of murder in the second degree when: (a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or (b) [Felony Murder—not covered in thi s exercise] First Degree Manslaughter: RCW 9A. 32. 060 (1)A person is guilty of manslaughter in the first degree when: (a) He recklessly causes the death of another person; or (b) He intentionally and unlawfully kills an unborn quick child by inflicting any injury upon the mother of such child.Second Degree Manslaughter: (1)A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person. Rape of a Child in the third Degree (Statutory Rape): RCW 9A. 44. 079 (1)A person is guilty of rape of a child in the third degree when the person has sexual intercourse with another who is at least fourteen years old but less than sixteen years old and not married to the perpetrator and the perpetrator is at least forty-eight months older than the victim. Defenses: RCW 9A. 44. 030 2) In any prosecution under this chapter in which the offense or degree of the offense depends on the victims age, it is no defense that the perpetrator did no t know the victims age, or that the perpetrator believed the victim to be older, as the case may be: PROVIDED, That it is a defense which the defendant must prove by a preponderance of the evidence that at the time of the offense the defendant reasonably believed the alleged victim to be the age identified in subsection (3) of this section based upon declarations as to age by the alleged victim [i. . over the age of 16 or less than 48 months apart in age] ? FOR THE TEACHER: Answer Key to Hypothetical Questions Introductory Hypo: The point of the introductory hypo is to realize that there are two types of causation. Simple causation or cause in fact might describe how a physicist would define causation. Under this type of causation, event A is a cause of the later event B, if B would not have occurred but for the occurrence of event A.Therefore, in the example, the event of Frank moving the mirror is a cause in fact of Bill’s death in this sense because if Frank hadn’t moved the mirror in the way he did, the sequence of events that led to Bill’s slip would not have occurred and Bill would not have died. However, in a legal context, cause in fact is a necessary but not sufficient element. To be legally liable for a particular action, one’s conduct must be the proximate cause of the liability generating event. Proximate cause is a subsection of cause in fact and is limited to events that are foreseeable.Therefore, Frank would not be criminally liable for the death of Bill under existing criminal law frameworks because Bill’s death was not foreseeable. Hypo #1: The issue here is whether Sarah is liable for some level of homicide offense. Since Roger held Sarah at gunpoint and Sarah knew that Roger was a violent person one could argue that Sarah did not shoot Steven voluntarily even though she had the clear intent of shooting Steven because she took careful aim, adjusted for the wind, and placed a precise shot. Duress is a defense to most crimes.However, duress is not a defense to homicide, so Sarah is potentially liable for either murder or manslaughter (duress can reduce a crime that would otherwise constitute murder to manslaughter under certain circumstances). You might ask students: How do you think a prosecutor would or should handle this case? Should he or she use his or her discretion to not file charges against Sarah? Hypo #2: There are two homicides in this case: Gladys and Robert. Mildred’s killing of Robert would be murder in the second degree because in a fit of sudden rage (no premeditation) she intended to kill her husband by stabbing im in the neck. Robert’s death is the classic passion killing. However, Mildred’s killing of Gladys would be murder in the first degree because after dragging her body to the garage, she took time and deliberated about what she was going to do and then killed Gladys. Gladys’s murder was premeditated. Hypo #3: Is George guilty of murde r? George did not have a clear intent to harm anyone when he dropped the bomb onto the interstate. However, under subsection (b) of Washington’s first degree murder statute, George manifested an extreme indifference to human life that created a grave risk of death to any person. Therefore, even though George didn’t intend to kill anyone, he could be found guilty of murder in the first degree. Hypo #4: One could argue that Jim should be guilty of murder in the first degree under the extreme indifference prong, but Jim’s conduct is not nearly as abhorrent as George dropping a bomb onto the interstate. Motorists do dangerous things in the car all the time that are distracting and cause accidents. Therefore, reaching over to pick up some Skittles is probably not extreme indifference. Jim is most likely guilty of first or second degree manslaughter.The difference between the two is that manslaughter one requires recklessness whereas manslaughter two requires only cr iminal negligence. Negligence is the lower standard and asks only whether Jim should have known better than to reach for the skittles, whereas recklessness is a subjective standard which would require that Jim knew what he was doing was dangerous. From the facts of the case, it appears that Jim did not recognize the danger in what he was doing and would most likely only face a charge of manslaughter in the second degree.Note: Vehicular homicide might also be charged in this case. Hypo #5: Despite the sympathetic circumstances, Melvin is liable for statutory rape. Laura is younger than 16 (the age of consent in WA) and Melvin is more than 4 years older than her. The limited defense of misrepresentation of age by the minor does not apply because Laura never represented her age in the first place. There is no mens rea element to statutory rape. Rather, it is a strict liability offense in the same way

jass essays

jass essays Dont worry, be happy was by Played by Bobby Mcferrin in the seventies . The in this piece the texture changes a lot as the work progresses. Every time the music would take a slower beat the texture would become thicker and the dynamic or the volume becomes lower. When the dynamic slows, one instrument would only be playing, and all at once when the tempo picks up more, and than three or more instrument would be playing. It seemed that when there are more than one instrument playing, they would all have a solo part to contribute. For example, the violin would play a fast tempo and the clarinet would play a slower tempo. The instrument that I most noticed in this piece is the violin. Throughout the piece the violin keeps on changing tempo and dynamic. What I liked most about this piece this how the instruments answer each other with a different beat, and dynamics. The piece called "All I want" was written by Bobby Mcferrin.. In this piece I would say that the texture stayed the same most of the time. It starts out with a very slow tempo. It is like walking in a desert without water. The tempo keeps on dragging you to a faster and more dynamic sound. When that happens it is like taking the first taste of water after a long walk in the desert. The violin plays as the main instrument when it comes to the faster tempo and dynamic part. The clarinet on the other hand takes the slower mood in the piece. The volume would get louder as the tempo picks up. What I liked about this particular piece is the way it changed its tempo from vary slow to vary fast. What I did not like is that their are not enough instruments involved. The only instrument that stood out I would have to say is the violin. The piece Good Loven was played the most by ...

Construction scenario Essay Example | Topics and Well Written Essays - 1000 words

Construction scenario - Essay Example There are three modern partnership forms: general partnership, limited partnership and LLP or limited liability partnership (Types of Partnerships, n.d.). In the situation given, Lou and Jose’s partnership takes form of general partnership while Miriam is their limited partner. Miriam invested her money to earn profit but will not be in charge of any business doings. In general partnership, the partners share equal rights and responsibilities in connection with managing the business. Having an agreement made orally or in writing, any of the partners can bind the entire group to a legal obligation. Since all of the partners have equal control, each of them assumes full responsibility for all the duties and losses of the business. Although, Jose and Lou’s personal liability is frightening, this responsibility comes with a tax advantage. The partnership profits are not taxed to the business but the taxation policy requires each of them to pay individual taxes. Because of t his, both of them have their own gains in their individual tax returns which are at a lower rate. Miriam, on the other hand, has limited partnership with Lou and Jose. ... Â   Â   Â   The second scenario is about the Akiva and Tara who want to start their professional practice by opening a birth clinic after having completed all educational and experiential requirements to be licensed as obstetrician. To finance the start-up cost, the two decided to take out a large loan. To help Akiva and Tara, they should be able to know more about business loans. The following are some of the most important tips when planning to have a business loan: get everything in writing, be careful when offering your security, understand loan agreements, avoid signing releases and waivers, and lastly, know your rights. As borrowers of money, Akiva and Tara need to make sure that everything is specified in writing. There may be oral promises and agreements, but they need to rely and follow those in writing. Secondly, they should make sure and be careful of what they are offering or enlisting as their security. One of the general guidelines of making a loan is not to offer se curity that when taken away can greatly affect your life. Akiva and Tara should be careful because there are some lenders who ask more than what is needed. Before entering into a loan, Akiva and Tara should fully understand the agreements and the legal doctrines before signing. It is advisable that they hire their own lawyer to protect their interests especially before signing waivers or release. Thus their lawyer could help them understand everything and explain to them the possible consequences of their waivers. Most importantly, Akiva and Tara should know their rights as borrowers. It is prudent to be cautious to avoid problems in the future. After they were

Accounting Fraud in an Organization Research Paper

Accounting Fraud in an Organization - Research Paper Example Simply put, accounting is a field that involves financial operations which record information about the financial status of a company. Accounting, when it is moral and professional at the same time, provides a lucid financial picture of a company and enables the accountants to formulate well-versed decisions that aim at securing the profit of the company. The accounting system may be as simple as involving a simple register and may be as sophisticated as a computerized system that records all financial activities providing information about every monetary detail like a current business trend and future vision. Accounting deals with three types of information: operating information, financial accounting information and Managerial accounting information (MoneyInstructor, 2005). Operating information is the largest portion of accounting information. The company needs this information on a routine basis like employees’ salaries, a record of loans rendered, sales, inventory, and so on. Financial accounting information enables the managers, shareholders and the like to make well-informed decisions about their investment, shares, money taken or given as the loan, and etcetera. Managerial accounting information enables managers to make decisions about budget and formulate plans to supervise the financial activities. Businesses and organizations are sometimes very much under the pressure, due to market competition may be, to make them appear profitable to the investors and clientele in order to draw them. But they need to know that practicing counterfeit accounting activities to fulfill this purpose is not only unethical but also can bring disastrous consequences.  

Midterm Exam Employment Law 2009 Research Paper

Midterm Exam Employment Law 2009 - Research Paper Example The company was a large international firm in San Francisco with almost 5000 employees. Jami had given the interview with the employment group of 6 people. One of them was John Clark, a V.P and the others were Human Resources V.P, V.P in charge of sales and two other supervisors. During the interview, she noticed many of the unwanted things i.e. all of them in the selection panel kept a special eye on her physical features and was asked all kinds of personal and absurd questions just before the interview was going to complete. Despite this unfamiliar circumstance, she joined the job with an insurance benefit of 401K plan and annual salary of US$80,000.00. She was also said that after three months of probation period she could be terminated with a valid cause. After her efficient work of six months, she was offered a lunch by Mr. John Clark, V.P. In the dinner, Clark said that the company needs another V.P just like Jami. In addition, he also offered Jami to spend the weekend with him in Yosemite so that the details of the plan can be discussed. When they visited the place together, Jami came to know that Clark was having an eye on her from the very first day and she would be provided with name and fame if she agrees to all the unwanted offers of Clark. When she refused to the offer she had to go through a lot of harassment in the office. Her performance was considered to be poor and she was not allowed a leave for her mother’s surgery. Irrespective of all these adversities, she went to visit her mother without a leave notice. On returning, she was demoted to a supervisor and had a decline in salary of US$40,000.00 per year. After all these occurrences, she lodged a complaint with the Equal Employment Opportunity Commission (EEOC) and therefore sued the company to the Federal Court. It can be viewed that all workplace related issues in the form of cases are handled by the Equal Employment Opportunity Commission (EEOC) of the US (State Human Resources Manu al, â€Å"Title VII of the Civil Rights Act†). According to the case provided, Jami Jensen has been the victim of sexual harassment by the Vice President of the company, wherein she was working. When an offer was provided to Jami and not accepted by her, the V.P. threatened to sue her from the company and also lessened her salary to a huge proportion. The V.P. also kept a condition that in order to avail the facilities of the company, she must take back the case and in return, she would be rewarded with a higher position in the company and a greater hike in her salary. However, she did not accept the condition and decided to file a complaint against the company in the federal court of the US. Jami can also file complains for violating the privacy rights by the employer during the interview process in accordance with the Equal Employment Opportunity Commission. Hence, the Title VII of the Civil Rights Act of 1964 of the American law can be applied in the case of Jami Jensen. A PPLICABLE TORT CLAIMS In the United States, the federal tort claim provides compensation for the damages made to a property or any sort of injury arising from the activities perform by the federal officer or the employer (United States Court, â€Å"

History of US Immigration Law and Reform

History of US Immigration Law and Reform Alejandro Bojorquez is a Mexican citizen who has been waiting decades to be reunited with his family in this United States through issuance of a family-sponsored green card.   Alejandro’s father, Jesus Bojorquez, first filed a family sponsored green card petition for his son when Alejandro was only 14 years old (Gonzalez, 2013).   Alejandro is now 33 years old and he could still wait until 2018 before he receives his family sponsored green card due to the wait time for the visa category he is currently in.   This will make his wait for issuance of his green card twenty years, however, this length of time is not that uncommon.   Alejandro Bojorquez’s family is not alone.   Similar situations are being seen every day due to the current shortage of family-sponsored visas available.   In the past, the United States immigration system has made it a priority to have families kept together; however, due to shortage of family-sponsored visas available, the number of visa backlogs have rapidly increased, keeping families separated for many years.   Congress must reform the family immigration laws and the family visa process to start reuniting families again, before families become completely broken.   History of Immigration Laws Immigration laws in the United States date back to the early 18th Century.   During the 18th and early 19th Century, the United States welcomed free and open immigration and did not have concrete immigration laws put in place under legislation.   In the 1880’s, the number of immigrants immigrating to the United States was rising, and economic conditions were becoming worse.   Therefore, Congress implemented legislation and passed the General Immigration Act of 1882 (U.S. Citizenship and Immigration Services, 2012).     Ã‚   The General Immigration Act of 1882 placed a fifty cent head tax on each immigrant.   Additionally, this Act barred the entry of any immigrant presumed to be an idiot, lunatic, convict, or a public charge (U.S. Citizenship and Immigration Services, 2012).   The first laws enacted that began prohibiting certain immigrants from coming to the United States was the Chinese Exclusion Act of 1882 and the Alien Contract Labor Laws of 1885 and 1887 (U.S. Citizenship and Immigration Services, 2012).   These Acts were the first immigration laws that significantly placed a restriction on certain immigrants immigrating to the United States.   The Chinese Exclusion Act prohibited entry of Chinese immigrant workers due to the belief that the Chinese immigrants were taking American citizen jobs, and the Alien Contact Labor Laws prohibited American employers from recruiting immigrant workers to work for lower wages than the American workers.  Ã‚  Ã‚  Ã‚   Pursuant to the Immigrant Act of 1891, the United States federal government began the control, inspection, admitting, rejecting, and processing of all immigrants trying to be admitted into the United States (U.S. Citizenship and Immigration Services, 2012). Due to the need to have a single agency enforce and regulate the new immigration laws, the Act also created the Office of the Superintendent of Immigration in the Treasury Department, also known as the Department of Commerce and Labor.   This name changed in 1895 to General of Immigration (U.S. Citizenship and Immigration Services, 2012) The Superintendent oversaw the United States Immigrant Inspectors who were stationed at the port of entry, Ellis Island.   Ellis Island was opened by the United States Immigration Service on January 2, 1982 (U.S. Citizenship and Immigration Services, 2012).  Ã‚  Ã‚  Ã‚   The Naturalization Act of 1802 allowed any court of record to naturalize a new American citizen (U.S. Citizenship and Immigration Services, 2012).  Ã‚   However, immigration laws began to change in the early 1900’s.   In 1906, Congress enacted the Basic Naturalization Act of 1906.   This Act was designed to add uniformity to the naturalization process. This Act also outlined the essential rules and regulations that governed the United States naturalization process for the majority of the 20th Century.     The 1906 Act created the Federal Naturalization Service. Accordingly, Congress placed the Federal Naturalization Service together with the Bureau of Immigration, which changed the name to the Bureau of Immigration and Naturalization (U.S. Citizenship and Immigration Services, 2012).  Ã‚     Ã‚   In the early 1900’s, the United States admitted more than 14.5 million immigrants (U.S. Citizenship and Immigration Services, 2012).  Ã‚   The large amount immigrants being admitted began to raise concerns as to the type of immigrant they were due to many of the immigrants not being able to read or write.   Therefore, it was determined that there needed to be stronger immigration laws in place.   In 1917, Congress passed the Immigration Act of 1917.   This Act required that immigrants being admitted into the United States be able to read and write in their native language (U.S. Citizenship and Immigration Services, 2012).   This was a way to catch the undesirables from being admitted in to the United States.     However, large amounts of immigration slowed when World War I began.  Ã‚  Ã‚  Ã‚  Ã‚   When World War I ended, mass immigration to the United States began again. Therefore, stricter immigration laws were put in place.   Immigration legislation of the Immigration Acts of 1921 and the Immigration Acts of 1924 placed a numerical limit on immigration for the first time in United States history (U.S. Citizenship and Immigration Services, 2012). Each nationality received a certain quota based on numbers in the United States census and was referred to as the national-origins quota system.   A visa was required to be admitted into the United States.   If immigrants tried to be admitted and did not have a valid visa, they were not admitted it. The Immigration Acts of 1921 and the Immigration Acts of 1924 severely restricted the amount of immigrants allowed to be admitted into the United States.   Immigrants from all over the world began to cross into the United States illegally. Congress needed to do something about the amount of illegal immigrants coming into the United States, therefore, they passed the Labor Appropriation Act of 1924 (U.S. Citizenship and Immigration Services, 2012).     This created the Border Patrol which secured the borders between inspection stations and on the coast. In 1952, Congress combined all of the previous immigration and naturalization regulations into the Immigration and Nationality Act of 1952 (INA).   This removed all of the racial barriers within immigration and naturalization and retained the national origins quotas (U.S. Citizenship and Immigration Services, 2012).   However, civil rights activists viewed this Act as discriminatory as a quota system that placed a numerical limit on visas issued by national-origin was not equal treatment.   Ã‚   Consequently, in 1965, amendments were made to the Immigration and Nationality Act of 1952 which created the Immigration and Naturalization Act of 1965 (U.S. Citizenship and Immigration Services, 2012).   This Act removed the earlier quota system that placed limits on the number of immigrants by their nationality.   Instead, the Act established a new preference system that was designed to reunite families and draw skilled immigrants to immigrate to the United States. The preference system was supposed to put all immigrants on the same footing while immigrating to the United States. The preference system, like the national-origin quota, places a limit to the number of immigration visas that were available each fiscal year.   Throughout the years, modifications have been made to the Immigration and Naturalization Act of 1965, however, the framework of this act remains still today.   The 1965 immigration policies are illogical.   Prior to the 1965 amendments to the Immigration and Nationality Act (INA), the only thing that stood between families being reunited, was the amount of time it took for first family member that immigrated to the United States to get a job and save money to send back for their relatives to immigrate.   However, the passage of 1965 INA eliminated that way of immigrating and instead created the family preference quota that places annual limits on the number of family visas that can be awarded each year by country of origin and family preference.   Currently, family-sponsored visas are the majority of visas given each year (Department of Homeland Security, 2017).   Thus, the equality, organization, and promptness of the entire visa process is vital.   Ironically though, the United States current policies lack all of them.  Ã‚   More recently, one of the most important immigration laws that has been put in place is the Immigration Act of 1990.   This act changed American immigration law as it allowed more immigrants to come to the United States each year.   Additionally, the 1990 Immigration Act began the yearly lottery of visas and it encouraged counties that do not have a strong presence in the United States to apply for a visa in the lottery (U.S. Citizenship and Immigration Services, 2012).     The lottery system assigns visas to immigrants randomly.   Ã‚  Previous immigration laws did not allow immigrants from a certain nationality, origin or country to attain visas. The 1990 Immigration Act changed those immigration policies.  Ã‚   In 1996, the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA 96) was signed into law by former President Bill Clinton.   This Act made immigrating and adjusting status in the United States very hard for immigrants and United States citizens.     Ã‚  The IIRIRA 96 made more immigrants, even legal immigrants, deportable and less immigrants legalizable (U.S. Citizenship and Immigration Services, 1996).   The provisions in this Act increased penalties on immigrants who had violated the United States law in some way.   IIRIRA 96 needs to be reformed.  Ã‚  Ã‚   Prior to 1996, undocumented immigrants were able to obtain legal status if they had been in the United States for at least seven years and could show extreme hardship if they were to get deported. This was essentially the back door to gaining lawful status in the United States. After the passage of IIRIRA 96, the back door closed.   The only way for an undocumented immigrant to gain lawful presence with a green card was by having an immediate relative (United States spouse or child over 18 years) file a petition.   IIRIRA 96 defined unlawful presence.   This act has provisions that place a three-year ban on immigrants who were in the United States for more than six months (180 days) unlawfully, and a ten-year ban if the immigrant lived in the United States for more than one year unlawfully (8 U.S.C.A  § 1182, 2013).   In order to adjust the immigrant’s status, they would have to travel back to their country of origin to have the visa appointment.   This created tremendous difficulties for the families of undocumented immigrants whose immigrant spouse or parent had to leave the United States to apply for their visa.   Once the immigrant would leave the United States, they would trigger an unlawful presence ban.   Under United States law, the USCIS is permitted to waive the unlawful presence ban through filing for an I-601a provisional unlawful presence waiver (8 U.S.C.A  § 1182, 2013).   In order to file the waiver, the applicant needs to be able to demonstrate that denial of the waiver and their excessive time abroad would result in extreme hardship of the immigrant’s U.S. citizen spouse or parent. The problem with the I-601a provisional unlawful presence waiver is that it does not include guidance for how â€Å"extreme hardship† is defined. Therefore, many families were placed in the backlog and separated for many months to years because they did not provide enough extreme hardship. The lengthy separation caused emotional and financial hardship of families waiting for the waiver to be approved.  Ã‚  Ã‚  Ã‚   Prior to 2013, families were separated for many months to many years waiting for their visa and their I-601a provisional unlawful presence waiver to be approved.   Under the Obama Administration, President Obama made an executive order regarding the I-601a provisional unlawful presence waiver and decreasing the backlog (8 CFR 103, 2013).   Under his order, U.S. citizens were allowed to file their petition and an I-601a provisional waiver while continuing to reside in the United States.   Once both were approved, a visa appointment would be scheduled in the immigrant’s country of origin and a visa would be issued within weeks. Besides including immediate relatives of U.S. citizens, it also included immediate relatives of legal permanent residents, work visa petitions, and diversity visa applicants.   These changes decreased the backlog and reunited relatives more prompt.  Ã‚  Ã‚   With the improvements of the I-601a under the Obama administration, it was hoped that there would be clarification and updated regulations to make clear what is considered to be extreme hardship and how it was defined.   However, that was not the case and it is still vital for DHS to propose regulations that will make extreme hardship more clear.   Regardless, the improvements that were made in the I-601a waiver was a huge step for immigration reform as it greatly reduces the amount of time family members are separated from those that they love the most.  Ã‚   Currently there are harmful anti-immigration laws that are damaging state economies.   Alabama and Arizona have both passed harsh anti-immigration laws to try to dismantle the amount of undocumented immigrants that are living in their states.   The idea of these laws was to make the everyday life of the undocumented immigrant so difficult that they would choose to go back to their country, however, the laws implemented did far worse damage.   For Arizona, the passing of The Support Our Law Enforcement and Safe Neighborhoods Act, S.B. 1070, in 2010 was extreme. S.B. 1070 was the most comprehensive, strictest and most controversial anti-illegal immigration law put in place in the United States for a long time.   S.B. 1070 includes provisions which add penalties in relation to the enforcement of immigration law that include trespassing, harboring and transporting illegal immigrants, alien registration documents, employer sanctions, and human smuggling (Morse, 2011).  Ã‚   This law has been criticized most due to the encouragement of racial profiling of anyone who looked like a Mexican.   A boycott of Arizona began immediately after passing of this law, which cost Phoenix Arizona 141 million dollars in tourist and business in the first four months after passing the Act (Khan, N, 2015).      The Alabama Taxpayer and Citizen Protection Act, Alabama H.B. 56, of 2011 is an anti-illegal immigration law aimed to remove illegal immigrants from the state of Alabama.   This law turned out to be the strictest illegal immigration law in the nation’s history, even more strict than Arizona’s S.B. 1070, as it attempted to regulate every part of immigrants lives in the State of Alabama.   Areas regulated included interfering with immigrant children’s schooling, preventing immigrants from renting, entering contracts, and working, obstructing lawful access to public benefits, and require law enforcement to verify immigration status (ACLU, 2017).  Ã‚   Shortly after the passage of H.B. 56, the citizens of Alabama began to see that the law was causing more damage than good.   Particularly, it was harmful to Alabama’s agriculture industry.   Due to Alabama’s anti-immigration law, agriculture farmers lost a significant amount of income. Chad Smith, an Alabama tomato farmer, estimated that he would lose up to $300,000 a year due to lack of immigrant farm workers that were in Alabama (Baxter, 2012).   Additionally, the H.B. 56 is tearing families apart to the point that undocumented immigrants are facing the choice on whether to take their United States born children with them to their country of origin, or leave them behind to allow them to have a better future. Anti-immigration laws implemented in states have been proven not to work in both the example of Alabama’s H.B. 56 and Arizona’s S.B. 1070.   These laws legalized racial profiling, frightened immigrant children, and damaged both state’s economies.   Both of these laws should be either repealed, replaced or reformed with more effective laws that will not racial profile, tear families apart and deter immigrants from residing in those states and the United States. Petition for Lawful Presence The 2016 Current Population Survey (CPS) notes that there are currently more than 84.3 million, or 27 percent, of immigrants living in the United States, which include legal, illegal and their U.S. born children of immigrants (Zong & Batalova, 2017).   Each year, the United States admits more than one million legal permanent residents (Department of Homeland Security, 2017).   The Immigration and Nationality Act (INA) authorizations American citizens and legal permanent residents to immigrate their spouse, children (under the age of 21), or parents to the United States. The family visa process has three main steps.   The first step is for the petitioner to file an application.   The United States citizen or legal permanent resident relative needs to file a Form I-130 Petition for Alien Relative and a Form I-485 Application to Register Permanent Residence or to Adjust Status with the USCIS.   If the immigrant is an immediate relative of the United States citizen, the visa process can move forward.   However, if the immigrant is not an immediate relative, they will be put in the family visa backlog to wait for their priority date for visa issuance to become available.   Ã‚  It is often thought that once an immigrant’s Form I-130 is approved, the immigrant can be immediately admitted to the United States.   However, that is not the case.  Ã‚   The case of Bolvito v. Mukasey discusses the issue that once the Form I-130 is filed and approved by the USCIS, a visa is not automatically provided and approval does not automatically grant lawful status of the immigrant in the United States.   Instead, the approval of the Form I-130 only means that the immigrant is eligible to receive permission to enter the United States as long as they are not found to be excludable under another immigration law.     Ã‚  The approval of Form I-130 simply means that the immigrant is free to move to the next step. When the immigrant reaches their priority date, they can then move to the second step.   For immediate relatives, the second step comes within months after the Form I-130 is approved.   The second step is to determine if the immigrant can apply for their visa at the USCIS offices inside the United States, or a United States consulate in the immigrant’s country of origin.   If the immigrant was lawfully admitted, they will be able to apply for their visa at a USCIS office in the United States.   If the immigrant is unlawfully present, or are not currently present in the United States, the immigrant will have to apply for their visa in their country of origin, regardless of whether they are currently residing in the United States. The third step is when the visa is issued to the immigrant.   In order for a visa to be issued, the immigrant must prove that they are not admissible under 8 U.S.C.A Sec. 1182.   Immigration violations, crimes, mental disorders, unlawful presence, national security concerns, public charge, and infectious diseases are all grounds that may bar the immigrant from the United States for a period of time.     Ã‚  If the third step is a success, the immigrant will be admitted to the United States as a lawful permanent resident.   If the third step is not successful, there are other hoops that need to be jumped through before the immigrant will be admitted into the United States.   Consequently, the immigrant will be placed in the backlog for months to years.     Ã‚   Current Backlog Most of the legal permanent residents the United States admits each year are immigrants that are already residing in the United States due to their current visa status or they are residing as undocumented immigrants.   Nearly two-thirds of them qualify as members of an American family that have already adjusted their status to legal permanent residents through a family-sponsored visa or they are currently waiting in the backlog for their family-sponsored visa to be issued (Department of Homeland Security, 2017).  Ã‚  Ã‚  Ã‚  Ã‚   The backlog of family-sponsored visas begins with the number of visas that are allowed to be issued each fiscal year surpasses the amount of family-sponsored visas being applied for.   In 2015, 1,051,031 Lawful Permanent Residents were admitted to the United States (Department of Homeland Security, 2017).   However, out of the 1,051,031 legal permanent residents admitted, 44.03 % were immediate relatives of United States citizens and only 20.4 % of them were from the family sponsored preference categories (Department of Homeland Security, 2017).   The remaining visas went to the employment based visas, refugees, diversity, asylees, and other types of visas. As of November 1, 2016, 4,259,573 family-sponsored immigrants were still waiting in the backlog for their visa to become available (U.S. Department of State, 2016).  Ã‚   Pursuant to 8 U.S.C.A.  § 1151(c) (2009) Worldwide level of immigration, the worldwide level of family-sponsored visas allowed to be given can be the maximum of 480,000 and is to be no less than 226,000 per fiscal year.   The variance in the maximum amount of visas allowed and the minimum amount of visas allowed to be issued each fiscal year is due to that certain immigrants are not subject to the worldwide numerical limitations.   Under current immigration law, there is currently not a limit set for the amount of immigrant visas that can be given to â€Å"immediate relatives† of United States citizens.   According to 8 U.S.C.A.  § 1151(b)(2) (2009), â€Å"immediate relatives† is defined as the children, spouses, and parents of a citizen of the United States.   This means that spouses, children and parents of United States citizens do not have to worry about the numerical limitations and are able to get a visa issued to them right away, as long as they are not excludable. However, relatives to United States citizens and legal permanent residents who are not considered to be an â€Å"immediate relative† and apply for a family-sponsored green card are subject to the current numerical limitations of worldwide visas.   These relative immigrants have to wait in line and are placed in a backlog until their place in line is ready for a visa.   8 U.S.C.A.  § 1151(a)(2) (2009) places the annual numerical limits allowed per nation.   Currently, the total numerical limit for family-sponsored visas for relatives other than immediate relatives is 226,000 per fiscal year (8 U.S.C.A.  § 1151(a) 2009).     Ã‚   There is not only one line to wait in, there are multiple lines.   The lines are divided into family-sponsored preference categories that set limits depending on the exact relationship the petitioner has with the immigrant, age of the immigrant, and country of residence.   According to 8 U.S.C.A.  § 1154 (2014) – Procedure for granting immigrant status, the current family-sponsored preferences are as follows: First: (F1) unmarried sons and daughters of U.S. citizens; Second (F2A) spouses and children of legal permanent residents and (F2B) unmarried sons and daughters (21 years or age or older) of permanent residents; Third (F3) married sons and daughters or U.S. citizens; and Fourth (F4) brothers and sisters of adult U.S. citizens (U.S. Department of State, 2017).  Ã‚  Ã‚   According to 8 U.S.C.A.  § 1152 (2000) – Numerical limitations on individual foreign states, each country is only allowed to receive 7% of the worldwide immigrant visa level provided under 8 U.S.C.A.  § 1151 (2009).   Some countries have a higher amount of visa applicants each year.   For example, China, Mexico, and the Philippines have a higher amount of applicants each year and most family preference categories force these visa applicants to wait two decades or more to have their visa approved.   As of April, 2017, the wait time for the first family-sponsored visa preference category for Mexico was 22 years.   The National Visa Center is currently processing visas for May 22, 1995 (U.S. Department of State, 2017).   Ã‚  Due to the numerical limitation for visas per country, visa applicants from countries with a high immigration demand (Mexico, China, and the Philippines) have to wait a long period of time for their visa to become available.  Ã‚     Ã‚  Ã‚  Ã‚   There are currently two different backlogs that family-sponsored visa applicants are placed into while waiting for a visa to be issued to them.   The first backlog is the administrative backlog, also referred to as the processing backlog (Vaughan, 2015).   The administrative backlog is given to visa applicants due to the lack of resources that are available from Congress to the specific agency handling the visa processing (Vaughan, 2015). Therefore, USCIS is not able to effectively manage the large volume of visa applications that comes in each year.   These applicants are put in queue until resources are made available. The administrative backlogs could easily be eliminated if the United States government would provide adequate resources to those agencies.   The second, and more grave backlog is the shortage of visa backlog.   The shortage of visa backlog begins with the annual number of visas available to be distributed each year.   Due to the current visa demand being higher than the 480,000 visas available to be issued each year pursuant to 8 U.S.C.A.  § 1151 (2009), family-sponsored visa applicants get placed in the backlog and have the possibility of waiting as long as twenty years or more for their visa to be issued.   Congress passing a comprehensive immigration reform that will meet the current visa demands and cut down on the current backlog, is the only solution. INA does not specifically state that immigrants who have visa applications pending cannot visit the United States to visit, however, in order to do so, they would have to qualify for a non-immigrant or employment visa (Cruz, 2010).   Both these visas require the immigrant to state that they have no immigrant intent.   If the immigrants fail to disclose their pending immigrant visa, they will risk being denied into the United States.   Thus, if immigrants are waiting for their visa to be issued in their country of origin, they typically they are not allowed to visit their family in the United States until they become a legal permanent resident.     Ã‚   A lot can happen while an immigrant waits in the backlog for their visa to be approved.   If they want to reunite with their family sooner, they may enter the United States illegally.   They also may choose to get married, and then a putting them in an even longer backlog (Cruz, 2010).   Moreover, the petitioning relative or the immigrant could die before the visa was issued.   Current United States immigration laws do not account for these circumstances.   Alejandro Bojorquez was put in the endless shortage of visa backlog when he was only 14 years old.   At that time, his father was a legal permanent resident.   As a permanent resident, his father petitioned for Alejandro and his mother to gain lawful entry to the United States through a family-sponsored visa petition on January 8, 1998 (priority date) (Gonzalez, 2013).   Nevertheless, Alejandro’s backlog increased when he attained the age of 21, as the United States government automatically moved him to the F2B category for unmarried adult children 21 years and older, and that line was much longer.   In January of 2013, Alejandro’s father became a naturalized United States citizen, and Alejandro was again moved into another family preference category.   This time, Alejandro was moved into the F1 category for unmarried adult children 21 years and older of United States Citizens.   Currently, for the FL preference category, the National Visa Center is processing priority dates of June 15, 1995 (U.S. Department of State, 2017).   Reform of current immigration laws is needed to eliminate loopholes like described above that keep family members apart for more time than initially required. Clearly, the timely family reunification process is not working well for U.S. Citizens or legal permanent residents and their immediate family members.   Currently, there are 423,373 adult children over the age of 21 still waiting in line for their visa and the priority date to come (U.S. Department of State, 2016).  Ã‚   Forcing families to be separated from each other for many years, while trying to gain lawful status in the United States, puts major emotional and financial strain on them.   Many immigrants find themselves facing either family reunification or keeping the life that they have set up in the United States.  Ã‚  Ã‚  Ã‚  Ã‚   Immigration Reform Immigrants come to the United States for the promise of freedom and the many opportunities the United States has to give.   However, current immigration laws keep families separated and the incoherent laws make it hard for immigrants to attain a visa.   Current immigration regulations and statutes in the United States need to be reformed on both the federal level and the state level.   The United States needs a comprehensive immigration reform and a path to citizenship for the undocumented immigrants already residing in the country. There are social consequences for immigrant families who are waiting in the backlog for their visa to become available.   The undetermined time an immigrant family has to wait for their visa disrupts family relationships.   This is due to spouses and children residing in their country of origin for an uncertain period of time.   Children who are waiting for their family sponsored visa are often staying with grandparents and develop a sense of abandonment, which results in destructive behaviors (Cruz, 2010).   The immigrant’s opportunity to develop language, cultural, and economical ties to the United States are also delayed due to the undetermined wait for a visa to be issued.   Therefore, many immigrants waiting in the backlog immigrate to the United States illegally to ease these social consequences.   More than 6,000 immigrant children are arrested at the Mexican/United States border each year while attempting to reunite with their parents in the United States (Cruz, 2010).   Comprehensive immigration reform will eliminate the social consequences of the family visa backlog.      Currently there are 11 million undocumented immigrants residing in the United States (Cohn &Passel, 2016). Legalizing these undocumented immigrants would boost the economy and the federal and state tax revenue.   In 2010, the United States collected 11.2 billion dollars of tax revenue from undocumented immigrants.   This tax revenue is beneficial to both the federal government and individual states.      A comprehensive immigration reform that would legalize the current undocumented immigrants would benefit the United States economy and American workers. Employers need to have a legalized workforce.   Business owners from farm workers to hotel workers have worker lacking immigration status.   A compressive immigration reform would put all workers, Americans and immigrants, on a level playing field which would result in increased wages.   Higher wages would mean more consumers spending, and a huge benefit for the United States economy.   The federal government would accrue $4.5 billion to $5.4 billion in additional net tax revenue in three years if the 11 million undocumented immigrants were legalized (Hinojosa-Ojeda, 2010).  Ã‚     Ã‚  Ã‚  Ã‚   Immigration reform would keep families together.   According to a 2011 study, more than 5,100 children were in foster care because their parents were undocumented and had either been detained by Immigration and Customs Enforcement (ICE) or deported (Cortez-Neavel, 2016).  Ã‚   ICE completed their own assessment in the years 2010 to 2012, which they recorded removing 204,810 parents of U.S. citizen children under the age of 18 (Cortez-Neavel, 2016).   Removing undocumented immigrants with United States citizen children only leaves more family on welfare.     Ã‚     The Trump administration plans to deport between two and three million undocumented workers (Cortez-Neavel, 2016).     If President Trumps words hold true, the children of the undocumented immigrants being deported will either go to a relative, if one was available, or be placed in foster care.  Ã‚   Comprehensive immigration reform that includes legalizing the undocumented immigrants is the only way to keep families together and these children out of foster care and off welfare.   Reforming of current immigration laws will also create more jobs.   According to the U.S. Small Business Administration (SBA), one out of every ten immigrants owns a business and 620 out of 100,000 immigrants start a business each month (Fairlie, 2012).   This means that immigrants being admitted into the United States will be employing workers, paying taxes and contributing to the economy.   These immigrants will become strong members of a community and their societies.  Ã‚  Ã‚   A comprehensive immigration reform that encourages more high-skilled workers to be admitted to the United States will strengthen the economy, innovate and provide workforce stability throughout the country.   Opposition of Immigration Reform From research, it appears that some Americans seem to not favor the idea of comprehensive immigration reform. Many individuals who oppose immigration reform believe that all of the immigrants who are undocumented can simply go back to their country and get in line for a green card (Nowrasteh, 2016).   It is just not that easy.   For most of the undocumented immigrants in the United States, there is no line available to them as they do not have a family member in the United States who can petition for their legal entry.   Since there is no current amnesty in the United States and IIRIRA dismantled the grandfathered adjustment of status, undocumented immigrants either have the choice to stay in the United States and fear deportation, or go to a country that many do not even know.    The cost of immigration reform is a major concern of congress.   In 2013, the Heritage Foundation stated that immigration reform was estimated to cost the United States 6.3 billion dollars from start to finish (Harris, 2013).   The 6.3 billion dollars represents the total cost of immigration reform, which includes; revising the family visa process, border security, and creating a pathway for citizenship for the current undocumented workers in the United States (Harris, 2013).   However, that number does not even include the Trump Administrations proposed border wall.   The Department of Homeland Security estimated that the proposed border wall would cost the United States 21.6 billion dollars (Ainsley, 2017).   Congress needs to take into consideration the broad range of areas that the estimated cost of reform covers when determining if it costs too much.  Ã‚     Ã‚   What the estimated cost of reform fails to represent is what comprehensive immigration reform will do for the United States.   Due to the current broken family visa process, there are consequences which arise from the inability of families being able to reunite in a timely manner. A comprehensive reform of current immigration laws will allow for many families to be put back together.   Families lean on each other in time of need. They help each other raise the children, and help with the daily finances. When a family is waiting for one of their family members to be provided with their visa, they often have to apply for state aid as they cannot afford food, childcare, housing, and their everyday bills (Vaughan, 2015).   Eliminating the backlog will get families off of welfare. The Trump Administration has categorized undocumented immigrants as a threat to the American workers.   President Trump claims to be on the side of American workers and he vows to deport the undocumented workers that are taking jobs away from the white working class.   This argument resonates well with the white working class supporters who are struggling with poor jobs, low wages and unemployment. However, deportation of these immigrants is not the answer for the following reasons. First, there is not any documented proof that undocumented immigrants are taking the jobs of the white working class.   Undocumented immigrants rarely compete for employment against an American worker, immigrants compete against other immigrants (Nowrasteh, 2016).  Ã‚     Ã‚  Second, six states that account for 40 percent of the goods and services produced in the United States have the largest amount of undocumented workers, as undocumented workers often work as farm help, which is low wage employment (Nowrasteh, 2016).   If President Trump does as he has promised, there will be a shortage of farm workers and the employers will have to offer higher pay to get new employees.   The higher pay will be passed to consumers at the super market.  Ã‚  Ã‚  Ã‚   Those that oppose immigration reform believe that the United States needs tighter border security.   The Department of Homeland Security and Congress should tackle the problems at the border and they should provide Border Patrol with the means to protect the United States border adequately.   The Trump administration has signed executive orders directing federal agencies to being constructing a wall on the U.S./Mexico border and he has directed the Department of Homeland Security and local law enforcement to enforce the laws of the United States strongly.   President Trumps words were hostile and all they did was seclude immigrant communities and families.   The immigrants will go back to the shadows and again fear the police.   The will not assimilate into American culture any longer as there will be no incentive Nowrasteh, 2016).   Those that oppose immigration reform believe that granting amnesty to the 11 million undocumented immigrants will create and encourage more illegal immigration to the United States.   This view is not true.   Actually, recent numbers show that the number of immigrants crossing the border illegally has decreased (Cohn & Passel, 2016).   Therefore, granting amnesty to the undocumented immigrants who currently have their life and family in the United States will in fact deter future illegal immigration and keep families together.   Amnesty is admission of that the immigration laws of the past are not working and they need to be reformed.   Importance of Immigration Reform to the Researcher Reforming the immigration process is important to the researcher due to the fact the researcher has been through the family visa process, stuck in the backlog, and the researcher has saw firsthand the effects current immigration laws have on families.   In 2010, the researcher was separated from her spouse for a period of 11 months waiting for her husband’s visa to be approved.   The researcher initially had to file a Form I-130, Petition for Alien Relative and Form I-485, Application to Register Permanent Residence or to Adjust Status for her spouse, and because the researcher’s spouse was brought the United States as a teenager, her spouse needed to go to his country of origin, Mexico, to complete the visa process at the United States Consulate in Ciudad Juarez.   The researcher’s husband accrued more than 180 days of unlawful presence.   While crossing the United States/Mexico border to go to his scheduled visa appointment in Ciudad Juarez, the researcher’s husband immediately triggered a ten-year ban created by IIRARA 96. The ten-year ban was able to be removed by filing a I-601a, provisional unlawful presence waiver. The researcher had to prove the hardship that she would face if she would have to live separate from her husband for ten years.   The process was a difficult one for the researcher, as she was not able to utilize legal counsel and prepared all the documents alone.     When filing the I-601a, the United States Consulate in Ciudad Juarez immediately backlogged the petition for lack of extreme hardship.  Ã‚     The researcher knows firsthand how difficult the current immigration laws are on both immigrants and United States citizens as she has gone through them.   Though there have been some decent changes to the immigration laws that directly affected the researcher and her family in 2010, a comprehensive immigration reform that eliminates that backlog and revises the family-sponsored visa process is still important to keep families together.   Congress needs to reform the family immigration process to being eliminating the backlog of other family preference categories besides the immediate relative category.   Children over 21 of U.S. Citizen or legal permanent residents are just important.   Importance of Immigration Reform to the Legal Profession There is no question that immigration reform is important to the legal profession.   With immigration reform, there will be improvements to our laws. Prior to the 20th century, there was not much need to immigration counsel.   However, when the federal government of the United States began enacting immigration laws and restrictions immigration lawyers evolved.   Ã‚  With the constantly changing laws, nearly all immigrants will need to use an immigration attorney to assist them with the increasing amount of new restrictions that affect immigration law.   Without adequate counsel, the United States fundamental concepts that revolve around fairness and equality become damaged.   According to 8 U.S.C.A.  § 1362 (2016). – Right to counsel, Immigrants are able to secure legal counsel in immigration proceedings, but â€Å"at no expense to the Government.†   Ã‚  It is vital for immigrants to have quality representation, as the type of representation an immigrant often has determines whether the immigrant will be able to be reunited with their family in a timely manner, given an employment visa, or is granted asylum.  Ã‚   Immigrants often are not fluent in the English language.   In order for immigrants to not be at a disadvantage in their immigration proceeding, it is necessary to have adequate counsel.  Ã‚   The United States is a nation of immigrants, however, since 9/11, immigration laws and immigration reform has become a heated political issue, mostly due to fear.   Current administration in the United States has been trying to reverse many of the immigration laws that allow refuges into the United States (The White House, 2017). Doing this has incited racism and fear throughout the United States.   The Trump administration has tried to place bans on certain immigrant nationalities, predominantly Muslim countries, from entering the United States (The White House, 2017).   This ban presented legal challenges, as the United States government cannot act arbitrarily with having supportive evidence to back up their reasoning.   Immigration reform is needed to amend immigration laws to prohibit the seclusion of certain immigrants from the United States.  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Conclusion For Alejandro Bojorquez, waiting for his visa priority date to be available has been long and difficult process.   Alejandro has been waiting in the backlog because the current immigration laws only provide a certain amount of visas to be allocated to each country.   The majority of the yearly visas allocated to family-sponsored immigrants go to spouses, minor children, and parents of United States citizens (immediate relatives), followed by spouses and children of legal permanent residents.  Ã‚   He has been waiting since he was 14 years old to be reunited with his parents.   Alejandro is like millions of other family-sponsored visas applicants whose priority date keeps getting pushed back due to the increased amount of family visas that are currently being applied for.   The hardship of separation is tough and he awaits the day he gets a call from his dad and he says â€Å"yeah, you made it† (Gonzalez, 2013). Alejandro Bojorquez is just one of the millions of examples of immigrants waiting to be reunited with their families.   Current immigration laws in the United States need to be updated due to the fact that they are set up to do more harm than good.   Congress needs to update the number of visas that allowed to be given each fiscal year, change the individuals that are considered to immediate relatives, and create a wait time that does not surpass five years.   It is for these reasons that the only conclusion that can be reached is that Congress needs to reform the current immigration laws.   If they do not, families are going to continue to be separated for many years.   Immigration reform is needed now.   References 8 U.S.C.A.  § 1151 (West 2009). 8 U.S.C.A.  § 1152 (West 2000). 8 U.S.C.A.  § 1153 (West 2006). 8 U.S.C.A.  § 1154 (West 2014). 8 U.S.C.A  § 1182 (West 2013). 8 U.S.C.A.  § 1255(a) (West 2016). 8 U.S.C.A.  § 1362 (West 2016).    ACLU. 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