Action Research Topic Literature Exploration free essay sample

Education plays an important role for individuals to fully reach their potential and it also substantially contributes to the development of the society as a whole. The processes of teaching and learning are greatly embodied in the concept of education wherein educators help students to learn knowledge and acquire skills about different subject matters and fields. However, most people, especially those who belong to the middle and lower class, often have the perception that education is a privilege rather than a right because for them good education usually comes with high cost. Nevertheless, the government of most countries, like the United States of America provide education for those people who cannot afford to spend a large sum of money for education through public schools. The problem is for proper and good education to be fully realized in public schools, stakeholders should give due consideration and attention to several factors such as: school budget, competent educators, active participation of parents, standardize school system, and many others (Hochschild Scovronick, 2004). We will write a custom essay sample on Action Research Topic: Literature Exploration or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In most public urban schools in the United the States, the common issues are: the insufficient funds coming from the government, the lack of support coming from parents, and school violence. Among the many problems of educational institutions, one of the most common issues that almost all public schools complain about is the insufficient fund or budget that is given to education. According to the study of Maguad (2007) entitled: Lean Strategies for Education: Overcoming the Waste Factor, teaching and learning are regarded as important activities in school but these processes are largely driven by financial realities. Maguad pointed out in his study that most educational institutions, especially public schools have to face financial problems that have a huge effect in the quality of education that they render to students. Educational programs cost money, which any educators and other stakeholders in educational institutions are aware of. Being the case, efficient funding and competent budgeting is necessary in order for schools to operate properly. Maguad even cited the work of Thomson and Wood, which state that the lack of good budget will eventually result to the absence of schools. In line with this, he also described the relationship of funds and the school system where sources of funds are finite while educational needs are infinite, which is why it is necessary that the prioritization of programs are done (Maguad, 2007). In the study of Maguad, he acknowledged the lack of sufficient funding in education institutions, especially in public schools. The lack of budget is rooted from the very relationship of funds and educational needs because the former is regarded as finite while the latter is infinite. Due to the problem of most schools regarding insufficient funds coming from the government, Maguad proposed in his study that schools must take the delicate responsibility of balancing anticipated revenue resources with the planned expenditure of the school.   In cases where in revenues are inadequate, school programs needs to be scaled back. The condition of static and declining revenues usually entails that schools require cutting costs. Maguad suggested that the less painful way in order to address the lack of funds of schools is by improving the operational efficiency of the educational system through the elimination of waste using lean techniques. Waste is defined as â€Å"anything in the process that does not add value for the customer† (Maguad, 2007: 249). The process of waste reduction can be done by means of disseminating individual and organizational learning throughout the whole organization (Maguad, 2007). The study of Maguad indeed shed more light on the problem of schools regarding insufficient funds coming from the government. He was able to point out the importance of sufficient funds and competent budgeting in order for educators to establish programs that will substantially help in the teaching and learning process among educators and teachers. In relation to this, Maguad also explain the relationship of the sources of funds and educational needs in order to explain the cause of insufficient funding. However, the proposed solution of Maguad that entails balancing school revenue and expenses used at schools by eliminating waste still needs to be further proven. Maguad should also give due attention to schools that really lack budget to the point that they do not even have waste to start with because funds are very limited. Moreover, Maguad should also further emphasize on the other ways of accumulating funds that involve the active participation of the private sector. Another pressing problem in schools, especially those that is funded by the government is the lack of active participation of parents. Both the mother and father of most students usually have their respective works. The parents of children in public schools have to work in order for them to earn the necessary income to provide for their family, especially for the needs of their children. However, work usually gets in the way of most parents to play an active role in the learning process of students. Parents’ involvement in the studying of their children is necessary because educators need their participation in order to properly teach and guide students. The aforementioned adage is proven in the research study of Fan and Chen entitled: Parental Involvement and Students’ Academic Achievement: A Meta-Analysis. According to Fan and Chen (2001), the idea of parental involvement has been perceived to have a positive influence on the academic achievement of student. The belief is rooted from the very perception of educators and the society as a whole that parental involvement is an important factor in addressing many problems in the educational system. Fan and Chen studied a vast proportion of literature regarding parent involvement and its relation students’ academic achievement by using the qualitative and non-empirical method of research. A meta-analysis is done in order to synthesize the results of the study wherein findings reveal that parental aspiration and expectation has the strongest relationship on students’ achievement. On the other hand, parental home supervision has the weakest relation to students’ achievement (Fan and Chen, 2001). Fan and Chen were able to provide numerous and reputable sources in order to conduct a meta-analysis study. Since the study is non-empirical it is only based on existing literature review, it sometimes fails to reflect the reality of incidents that cannot be properly represented in just mere literature study. Parental involvement and its effects to students require empirical study since it is a sociological phenomenon that cannot be easily quantified. Lastly, educational institutions, especially urban public schools also have to deal with violence within the school. Increasing incidents of school violence are often reported like gang wars however, it is also important to point out that bullying is also a form of violence that must be addressed. Nansel et al. (2001) conducted a research study entitled: Bullying Behaviors among US Youth, the main motivation of the researchers is to study bullying since there are no national data regarding the prevalence of bullying. The researchers aim to measure the prevalence of bullying behaviors among the US youth and to identify the relation of bullying and being bullied with psychosocial adjustment. The results show that there is a substantial prevalence of bullying among the US youth. In addition, bullying is also related to concurrent behavior, emotional difficulties, and possible long-term negative consequences for the youth. Being the case, the issue of bullying needs due attention, especially in conducting future research and preventive intervention. The study of Nansel et al. was able to provide important attention to the issue of bullying, especially since this aforementioned form of violence lacks the necessary national data. The research study was able to give information to the issue of bullying and also the corresponding causes and effects of such actions. However, the study of Nansel et al. can still be further improve because there are still a lot of factor that must be explored about bullying, especially when it comes to its relevance to problem of security and safety in educational institutions. References Fan, X., Chen, M. (2001). Parental Involvement and Students’ Academic Achievement:   A Meta-Analysis. Education Psychology Review, 13, 1-22. Hochschild, J.L., Scovronick, N. (2004). The American Dream and the Public Schools. United States: Oxford University Press.   Journal of Education, 128, 248-255. Nansel, T.R., Overpeck, M., Pilla, R.S., Ruan, J., Simons-Morton, B., Scheidt, P. (2001). Bullying Behaviors among US Youth. The Journal of the American Medical Association, 285, 2094-2100.

Zheng Shi, Pirate Lady of China

Zheng Shi, Pirate Lady of China The most successful pirate in history was not Blackbeard (Edward Teach) or Barbarossa, but Zheng Shi or Ching Shih of China. She acquired great wealth, ruled the South China Seas, and best of all, survived to enjoy the spoils. We know next to nothing about Zheng Shis early life. In fact, Zheng Shi means simply widow Zheng - we dont even know her birth name. She was likely born in 1775, but the other details of her childhood are lost to history. Zheng Shi's Marriage She first enters the historical record in 1801. The beautiful young woman was working as a prostitute in a Canton brothel when she was captured by pirates. Zheng Yi, a famous pirate fleet admiral, claimed the captive to be his wife. She pluckily agreed to marry the pirate leader only if certain conditions were met. She would be an equal partner in the leadership of the pirate fleet, and half the admirals share of the plunder would be hers. Zheng Shi must have been extremely beautiful and persuasive because Zheng Yi agreed to these terms. Over the next six years, the Zhengs built a powerful coalition of Cantonese pirate fleets. Their combined force consisted of six color-coded fleets, with their own Red Flag Fleet in the lead. Subsidiary fleets included the Black, White, Blue, Yellow, and Green. In April of 1804, the Zhengs instituted a blockade of the Portuguese trading port at Macau. Portugal sent a battle squadron against the pirate armada, but the Zhengs promptly defeated the Portuguese. Britain intervened, but did not dare take on the full might of the pirates - the British Royal Navy simply began providing naval escorts for British and allied shipping in the area. The Death of Husband Zheng Yi On November 16, 1807, Zheng Yi died in Vietnam, which was in the throes of the Tay Son Rebellion. At the time of his death, his fleet is estimated to have included 400 to 1200 ships, depending upon the source, and 50,000 to 70,000 pirates. As soon as her husband died, Zheng Shi began calling in favors and consolidating her position as the head of the pirate coalition. She was able, through political acumen and willpower, to bring all of her husbands pirate fleets to heel. Together they controlled the trade routes and fishing rights all along the coasts of Guangdong, China, and Vietnam. Zheng Shi, Pirate Lord Zheng Shi was as ruthless with her own men as she was with captives. She instituted a strict code of conduct and enforced it strictly. All goods and money seized as booty was presented to the fleet and registered before being redistributed. The capturing ship received 20% of the loot, and the rest went into a collective fund for the entire fleet. Anyone who withheld plunder faced whipping; repeat offenders or those who concealed large amounts would be beheaded. A former captive herself, Zheng Shi also had very strict rules about treatment of female prisoners. Pirates could take beautiful captives as their wives or concubines, but they had to remain faithful to them and take care of them - unfaithful husbands would be beheaded. Likewise, any pirate who raped a captive was executed. Ugly women were to be released unharmed and free of charge on shore. Pirates who deserted their ship would be pursued, and if found, had their ears cut off. The same fate awaited any who went absent without leave, and the earless culprits would then be paraded in front of the entire squadron. Using this code of conduct, Zheng Shi built a pirate empire in the South China Sea that is unrivaled in history for its reach, fearsomeness, communal spirit, and wealth. In 1806, the Qing dynasty decided to do something about Zheng Shi and her pirate empire. They sent an armada to fight the pirates, but Zheng Shis ships quickly sank 63 of the governments naval ships, sending the rest packing. Both Britain and Portugal declined to directly intervene against The Terror of the South China Seas. Zheng Shi had humbled the navies of three world powers. Life After Piracy Desperate to end Zheng Shis reign - she was even collecting taxes from coastal villages in the place of the government - the Qing emperor decided in 1810 to offer her an amnesty deal. Zheng Shi would keep her wealth and a small fleet of ships. Out of her tens of thousands of pirates, only about 200-300 of the worst offenders were punished by the government, while the rest went free. Some of the pirates even joined the Qing navy, ironically enough, and became pirate hunters for the throne. Zheng Shi herself retired and opened a successful gambling house. She died in 1844 at the respectable age of 69, one of the few pirate lords in history to die of old age.

Property law Assignment Example | Topics and Well Written Essays - 2250 words

Property law - Assignment Example One of the interesting aspects about this problem is that the nature of obligation changed from one tenant to the next. The facts indicate that my client is the tenant of a Victorian Townhouse. The facts also indicate that my client is not the original tenant, and that the lease was assigned to my client three years ago. It may be inferred that perhaps the previous client, the one who actually made the original lease with the landlord, was a residential lessee, as the structure is a home, and the character of the lease changed when the original lessee assigned his or her lease to the current lessor, who is obviously a business lessee, as they are using the space for a bookstore. Therefore, two different parts of the Landlord Tenant Act might apply in this situation. The original lessee, if the original lessee was a residential lessee, would fall under the first part of this Act, and the current lessee, who is a business, would fall under the second part of the Act. This is because th e first part of the Act is titled â€Å"Security of Tenure for Residential Tenants,† and the provisions in this part apply only to residential tenants. The second part of the Act is titled â€Å"Security of Tenure for Business, Professional and Other Tenants,† and it, of course, applies to commercial interests, such as the one in the fact pattern. Therefore, two different analysis will have to be performed – one analysis for the original tenant, and one for the current tenant, who is our client. The fact pattern indicates that, for the original lessee, the original lease was executed in 1997 and included a repair covenant, in which the original lessee was to perform the necessary repair work to keep the building in tenantable condition, and that this included decorations, wall-surfaces, window frames, glazing and casements. Moreover, in the original lease, there was provision for rent review in the 5th, 10th and 15th years of the lease and that the lease may ter minate on the 16th year, by giving six months notice, provided that the lessee materially performed the duties that were required of that tenant under this lease. Therefore, the clause that the original lessee signed with the landlord will come under the Landlord Tenant Act 1954  § 8. This provision states that when a tenant and landlord agree that the tenant is to perform certain repairs on the structure, and these repairs are not made, then the landlord may charge the tenant the reasonable value of the repairs (Landlord Tenant Act 1954  § 8). This does not seem like an overly draconian solution to the problem, if it is determined that there needs to be repairs made and the tenant refuses to make the repairs - the landlord can simply make the necessary repairs himself, which in this case would include shoring up the cracks in the ceiling, and reinforcing the floor joists so that the excess load does not cause further cracks, and could then charge the lessee the necessary charge s that the landlord would incur in getting this done. Yet there is a more draconian provision in the Landlord Tenant Act 1954 when it comes to lessees who refuse to perform the terms of the lease. In this case, the terms of the lease are that the lessee performs the repair work that ensures that the dwelling in tenantable, and, assuming that having cracks in the ceiling make the dwelling untenantable, then a refusal to deal with this issue might be cause for

All population and surveillance the keys to Chinese governmentality as Essay

All population and surveillance the keys to Chinese governmentality as in Europe - Essay Example Borrowing a leaf from one another in development of the state of affairs for human life has been a major practice between societies in the recent human history. Political ideologies have reduced the pace of achievement of a liberal society (Sherman, 2008). Communism in China and capitalism in Europe for instance present a different opportunity for the achievement of such a society. Modern age politics seem to be favoured by a more liberalized approach which integrates government and citizen input towards realization of governmentality. Democracy has been a capitalist ideology well established among the majority of European countries while communist ideology for instance well established in China has taken long to embrace it. Even though China has witnessed many changes especially in economic performance to realize a world podium for economic growth, some pressing issues still persist to acquire complete transformations. Changes in economic systems to accommodate a more liberal state and opening of its doors to international trade are good pointers to better things in the future. Population polices should go deeper than just reducing the numbers but follow ups to ensure that the necessary modern world features balanced with assurance of democratic rights are guaranteed. Stringent measures to reduce hazardous population rise could be handled in other means other than dictatorial force (Eberstadt, 1994). Tracing the population based policy in the context of government ideology from the early Chinese politics, it is apparent that the effect of Liu, Song and Liang Zhongtang is a key factor in the development of the Chinese population policies. While Liu and Song were more educated and held population issues more passionately just like Liang did, even though they held opposing views on population policies. On one hand, Liu and group were of the view that one

My Dream Career Essay Example for Free

My Dream Career Essay When I was still young, I used to do my friends’ hair as a hobby. Most of my friends liked the hair style that I did for them. I also remember, how happy I was, each time I did the hair of my friends. However, I never thought that this hobby could possibly turn into my dream career. After I entered the junior high school, which was an all-boy school, I realized that I was left out in the cold by classmates just because I was interested in stylizing hair. I would bring lots of magazines to the school to keep up-to-date with hair styling trends. Whenever I was reading the magazine, my classmates would say, â€Å"Girlish boy, you should’ve been born as a girl. † I guess having an interest in hair style wasn’t viewed as a profession for a normal boy. In my last year of middle school, there was one unforgettable event that made it enjoyable and memorable. In Korea, on a usual school day, students are not allowed to use any gel, or spray on their hair. Therefore, every student waits for the graduation photo day because this is the day they can do their hair with hair stylish products as much as they please. As other boys did, I brought hair gel and dryer to do my hair at school. I didn’t do my hair at home in the morning because I knew the hair looks best after putting hair stylish products. After I did my hair, some of my classmates, including the classmates who had been calling me â€Å"girlish boy,† came to me, and asked me to do their hair. They said, â€Å"If we all like our hair, we won’t call you girlish boy anymore. † It was an unexpected suggestion, but I was confident that they would like my job. So, I accepted their suggestion, and tried my best to stylize their hair using gel and dryer. Fortunately, they all liked their hair, and a few weeks hence, the graduation photo also came out really good to everybody’s expectations. Since then, they became my friends, and we still keep in touch, although I’m currently living in the U. S. By the time I entered the high school, another unforgettable event happened that confirmed my plans for becoming a professional hair designer. One bright day, I and my eldest brother visited â€Å"Hair Day,† which was owned by my brother’s friend, Paul Kim, in Seoul. The name of the store was quite impressive to me due to its unique name, â€Å"Hair Day,† although a typical name like â€Å"hair salon† could have been more meaningful. Paul Kim is a very famous hair designer in Seoul, and has many Korean celebrities as his regular customers. When I visited his studio for the first time, I saw a famous Korean celebrity, Bi, who is better known as â€Å"Rain† in the U. S. As he entered the studio, I hardly recognized him because of his messy hair. However, after Paul Kim worked on his hair, he immediately transformed into a gorgeous celebrity known to everybody. The hair style that Paul Kim had done for Bi was the same style I had seen on television. Since Bi is so popular, and his hairstyle is always up-to-date, many young boys in Korea mimic his hairstyle. Moreover, all of Bi’s hair styles that were shown on Korean television were the work of Paul Kim. After Bi left, an English-Speaking customer came into the studio to get a hair cut. The customer seemed an acquaintance of Paul Kim because he was delighted to see him. When they spoke with each other, I was amazed at Paul Kim’s ability to speak English. Later, I was told by my brother that Paul Kim had studied in the U. S. , and had obtained a Business Administration degree, which is possibly one of the reasons his hair studio is doing so well. Ever since I visited Paul Kim’s hair studio, I had a strong desire to become a famous hair designer, who is not only intellectual but also has a good aesthetic sense. I decided that Paul Kim is truly a man, whom I want to emulate when I grow up. The female hair designers outnumber the male hair designers in Korea. However, most of the notable hair designers in Korea are men. I hope one day I will be one of those notable hair designers not only in Korea but also in the entire world.

Harriet Beecher Stowes Uncle Toms Cabin - The Book that Started a War :: Uncle Toms Cabin

The Book that Started a War    Uncle Tom's Cabin, also called Life Among the Lowly, was written by Harriet Beecher Stowe.   It is a realistic, although fictional view of slavery.   The main characters in this story are Uncle Tom, Eliza and George Harris.   Uncle Tom is a pious, trustworthy, slave.   He never wrongs anyone and always obeys his master.   A very spiritual person, Uncle Tom tries his best to obey the Bible and to do what is right.   Eliza is a beautiful slave owned by George Shelby, Sr., the same person who initially owns Tom.   Eliza has a son, Harry.   Eliza's husband, George Harris, lives on a nearby plantation.   George is a brilliant man, and invented a machine that was used in the factory he works in.   His owner became jealous and demoted George from his factory job to doing hard labor on the plantation.   This story takes place throughout the states of Kentucky and Mississippi.      Chapters 1-5      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Because his Kentucky plantation was overwhelmed by debt, George Shelby, Sr. makes plans to trade some slaves to a slave dealer named Haley in exchange for debts being canceled.   The dealer selects Uncle Tom as payment for the debt.   While the two are discussing the possible transaction, Eliza's son, Harry, comes rushing into the room.   Haley decides he wants to take Harry also, but Shelby refuses to part with the child.   Eliza, overhearing part of the conversation, is frightened and confides her fears to her husband, George Harris.   The fact that George's owner is mistreating him, combined with a possible sale of his son persuades George to begin planning to run away.   After inferring from an overheard conversation between Mr. & Mrs. Shelby that they are indeed going to sell Harry and Uncle Tom, Eliza warns Tom and she runs away.      Chapters 6-15      Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Eliza is able to cross the Ohio River and get to a safe place before Haley's two hired slave-catchers can catch up with her.   Although he was warned, Uncle Tom stays on the plantation, leaving it up to God to protect him.   At the same time, George Harris begins his escape.   Disguised as a Spaniard, George takes his time finding a route on the underground railroad.   He just happens to go to the same place where Eliza and Harry are being hidden.

Reasonable Fear of Imminent Danger: Good Social Policy

Reasonable Fear of Imminent Danger: Good Social Policy? BY gotten Reasonable Fear of Imminent Danger: Good Social Policy? Giovanni Mike 4324324 LISTENED 1001 sum 13 Professor James Barney A sobering fact Is that our government has a monopoly on the use of force, but It cannot protect everyone at all times In an Immediate fashion. Joel samara, criminal Law, at 1 55 (1 lath De. 2014). Therefore, citizens are permitted to use proportional force in a â€Å"self-help† fashion as long as 1. The necessity is great 2. The need exists â€Å"right now' 3. The force is used for prevention only. D. At 155. However, preemptive tribes or retaliation are not justifications for force used in self-defense. ‘d, at 155. There are also four elements of self-defense: unprovoked attack, necessity, proportionality, and reasonable belief. ‘d, at 156. The first three were alluded to earlier and are fairly self-explanatory, but reasonable belief will be the primary focus in this discussion . This element requires that a defender must have the â€Å"reasonable† belief that It's necessary to use deadly force to neutralize an Imminent deadly attack. D, at 156. However, what Is â€Å"reasonable fear? † How does It play out In the courtroom? Is the burden on the person using force against an aggressor to show that he or she possessed â€Å"reasonable fear? † Does this requirement change whether a person is at should be look into whether the person using deadly force had a â€Å"reasonable† opportunity to retreat and avoid violence? Should we offer civil immunity to those who used deadly force legitimately? Overall, are the recently more aggressive self- defense laws good for public policy?Do they allow those with â€Å"itchy' trigger fingers to have a virtual license to kill, or do they take an extra necessary step to put the safety f law-abiding citizens ahead of the concerns of violent law-breakers? Newer self- defense laws, such as the one p assed by Florida, unnecessarily presume â€Å"reasonable fear† in defending one's home and fail to adequately consider whether a person using deadly force had a duty to retreat (in public spaces) when violence could have been easily avoided.Citizens should reasonably be expected to show that their deadly use of force was Justified due to their legitimate fear for their safety whether they're at home or in public; they're burden of proof shouldn't be beyond a seasonable doubt since the prosecution could probably cast doubt on this with relative ease since it's based on the subjective measurement of fear. Subtle wording differences in these laws can sway protections to either the aggressor or defender in these situations?it's critical to strike a healthy balance. So how did we get to the self-defense laws used today?According to Joel Samara, Criminal Law, at 164 (1 lath De. 2014), since the thirteenth century English common law required that a person had to prove that he'd â₠¬Å"retreated to the wall† before being Justified in killing another errors. The US began to reject this practice in the nineteenth century and replaced it with a â€Å"no duty to retreat† requirement, which holds that a person can be Justified in killing someone in self-defense. ‘d, at 164. This new approach to the use of force by the common man was thought to be more accommodating to the bravery of a â€Å"true man. † ‘d, at 164.This â€Å"true man† was thought to be someone who would do whatever he had to do to protect his wife, kids, and the nation. ‘d, at 165. Legislators and judges carved out the â€Å"stand your ground† rule from these previously mention values, which states that if a man didn't start the fight they could stand their ground and kill in self-defense without having to retreat from a place they had a legal right to be. ‘d, at 165. Also, the retreat rule was also created that obligates a person to retreat i f they â€Å"reasonably' believe that they're threatened with death or serious harm and they are able to retreat without continuing to be subject to this danger. D, at 165. Furthermore, the â€Å"castle doctrine† was created as an exception to the retreat rule when the context is within someone's home, where they have no duty to retreat as Eng as they reasonably believe there is an imminent threat of death or serious bodily harm. ‘d, at 165. Since 2005, more than forty states have passed or proposed new â€Å"castle doctrine† legislation intended to expand the right to use deadly force in self-defense. ‘d, at 172. Florida was the first state to pass this type of statute, and it continues to be the model for the rest of the states. D, at 172. Their statute states that a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm if: (a) The person against whom the defensive force was used as in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle (b) The person who used defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred†¦ Old, at 172.Pennsylvania, they have a right to be in (2) they believe that the use of deadly force is immediately necessary to prevent death, serious bodily injury, kidnapping, or rape (3) the aggressor displays or uses a firearm (or replica) or any other deadly weapon. Joshua Light, The Castle Doctrine?The Lobby is my Dwelling, Volvo 22 Widener Law Journal 236 These types of laws do not exist without controversy, since there are those (2012). That claim that they give citizens a virtual â€Å"license to kill. † Supra, at 174.On one side, people like Marion Hammer, president of the National Rifle Association, contend that these new laws are Just protecting a right that has been around since the asses and that we shouldn't have a duty to retreat only to get chased down and beaten to death. ‘d, at 174. Indeed, Florist's intent when they passed their castle-doctrine law n 2005 was that it was â€Å"necessary to restore absolute rights of law abiding people to protect themselves, their families, and others, and their property from intruders and attackers without fear of prosecution or civil action.Wyatt Holiday, The Answer to Criminal Aggression is Retaliation: Stand-your-Ground Laws and the Liberalizing of Self-Defense, Volvo 43 University of Toledo Law Review 417 (2012). Supporters of the castle doctrine-type laws recognize that there are times when the government's monopoly on violence must be set aside to allow law-abiding citizens to protect themselves when time is limited. Benjamin Levin, A Defensible Defense? : Reexamining Castle Doctrine Statues Volvo 47 Harvard Journal on Legislation 540 (2010).When an aggressor poses an immediate threat, the defender's preservation of self should take precedence over the aggressor's culpability. ‘d, at 539. Others like Jim Brady from The Brady Campaign believe that these laws are â€Å"ushering in a violent new era where civilians have more freedom to use deadly force than even the police. † Samara, Criminal Law, at 174 (2014). They also claim that these laws allow those who have an â€Å"itchy trigger finger† to simply claim that they were in fear and therefore justified in using deadly force. ‘d, at 174.To make things even more complex, states have their own versions of the law that are still in flux and fairly open to interpretation by courts?it is not always straightforward when someone is legally entitled to use deadly force to protect themselves. Levin, A Defensible Defense 534-536 (2010). What does â€Å"reasonable fear† even mean? Unfortunately, this is not easy to answer. Ohio's depiction of reasonable fear is somewhat helpful: the actor using deadly force must have a bona fide belief that he/she was in imminent danger f death or great bodily harm and the only means of escape was to use deadly force in retaliation.Wyatt Holiday, The Answer to Criminal Aggression is Retaliation: Stand- Your-Ground Laws and the Liberalizing of Self-Defense, Volvo 43 University of Toledo Law Review 425 (2012). The â€Å"honest† and â€Å"reasonable† requirements make it seem like a hybrid objective/sub]active requirement, but it's still a subjective standard as highlighted by the Ohio Supreme Court. ‘d, at 424. This court's instructions on this standard recommended that to determine whether a defendant had reasonable fear of imminent danger: †¦ U must put yourself in the position of the Defendant, with her characteristics, knowledge, or lack of knowledge, and under the same circumstances and conditions that surrounded the Defendant at the time. You must consider the conduct of [the victim] and determine if such acts and words caused the Def endant to reasonably and honestly believe that she was about to be killed or â€Å"reasonable fear† is so subjective, because of the wide range of situations people find themselves in; it doesn't seem feasible to create an objective test that measures such a subjective and virtually immeasurable emotion such as fear.Keep in mind how the law mentions that the only means of escape is the use of deadly force. Even though â€Å"reasonable fear† is such a subjective concept, it still has an impact in the courtroom compared to how self-defense laws used to be written. Before Stand- Your-Ground laws came about, defendants had the burden to show that their life and limb was actually in danger. Light at 234 (2012). Now, in certain Jurisdictions, citizens have to only prove that they had a â€Å"reasonable fear† that their life and limb were at jeopardy, and that they believed that deadly force was immediately necessary to peel this threat. D, at 234. This amounts to a sm aller burden of proof on the defendant, which is more challenging for the prosecution because disproving facts is a lot easier than disproving perceptions. ‘d, at 234. Is this a fair balance? The â€Å"reasonable fear† requirement is fair since it allows the state to make an inquiry into whether deadly force was used in a legitimate fashion without putting an excessive burden on citizens to Justify their use of force that can be easily defeated by prosecuting attorneys. What about the â€Å"duty to retreat? Should it still play a part n today's laws? Eric Del Bozo, Retreat Does Not Equal Surrender: Defensive Deadly Force in Dwellings After People v. Keen, Volvo 82 SST. John's Law Review 360-381 (2008) points out that the duty to retreat should still play a part in these self-defense laws, especially when retreat is a safe and reasonable option that could save a lot of violence. He concedes, however, that â€Å"one need not calmly evaluate exit strategies when faced wi th a pressing danger, for detached reflection cannot be demanded in the presence of an uplifted knife. ‘d, at 364. Also, it isn't reasonable to focus in midnight at whether the defendant could have safely retreated, which is a reason why â€Å"reasonable fear† is appropriate in order to focus on what the person knew at the time. ‘d, at 364. The way retreat is treated as an option and the thoughts of the person using force varies among states and even Jurisdictions within those states; some deemphasize the need to retreat while others focus more on the Justification of force and options for retreat. ‘d, at 363-364.In 2006 alone though, between 10 and 15 states repealed their laws that required persons to consider retreat before using defensive deadly force. D, at 377. This might not bode well in a case where a person shoots his neighbor over an argument over trash bins; Del Bozo suggests that stories making headlines tend to be neighbors and acquaintances fre ely assaulting each other rather than repelling home invasions. ‘d, at 377. However, he doesn't offer any statistics or empirical evidence that there is a trend in unjustifiable killings due to these laws.Nonetheless, the duty to retreat still has merit to allow the whole situation to be analyzed in court, and hold people accountable who may engage in â€Å"senseless† killings. ‘d, at 378. The prosecution should be able to show that retreat was indeed a viable option out of a respect for human life; there must be a balance between protecting the safety of both the assailant and the victim, but retreat should be looked at with the burden being on the non-aggressor. ‘d, at 380. There are five different concerns that law enforcement authorities have concerning these new and more aggressive self-defense laws.One unintended consequence could be police officers since citizens Just have to claim that they have â€Å"reasonable fear† in order to use deadly fo rce. ‘d, at 175. On the other hand, Florist's statute contains a revision which holds that citizens are not Justified in using deadly force against law enforcement officers as long as they are acting in an official capacity, have identified themselves as a police officer, or the person using force should have â€Å"reasonably' known it was a law enforcement officer. D, at 173. Indiana struggled with this unintended consequence, but actually ended up ruling that citizens cannot reasonably use deadly force against law enforcement officers. Jon Laramie, Indiana Constitutional Development: Debtors, Placements, and the Castle Doctrine, Volvo. 45 Indiana Law Review, 1049-1051 (2012). In Barnes v. Tate, 946 N. E. Ad 572 (2011), the Indiana Supreme Court stated that â€Å"public policy disavows recognizing a common law right to forcibly resist unlawful police entry into one's home. ‘d, at 1050. They also recognized that it isn't easy for citizens to recognize when a given poli ce entry is lawful or not, that injury is high due to upgrades in police equipment, and citizens have other remedies for unlawful entries (civil litigation, police disciplinary hearings, exclusionary rule, etc. ) ‘d, at 1050. The court did concede that a person has the right to â€Å"reasonably resist† an unlawful entry, but this doesn't amount to a defense of eatery or other violent acts against law enforcement. D, at 1051. The court also claimed that most other states have followed suite in this decision in the interest of law enforcement safety. ‘d, at 1050. Another concern is that the interpretation of these castle-type laws is in its infancy. Some believe that law enforcement training will constantly have to adapt to changing views on these laws, and that it will be almost impossible for police officers to determine whether these new laws are being invoked [applied properly. Supra, at 176.The next concern is that instead of Just avian to determine whether dan ger was imminent or there was a duty to retreat in a public place, police officers will now have to anticipate more â€Å"self-defense† claims. ‘d, at 176. This will increase the investigative burdens on officers, and proving a negative is difficult when the evidence is â€Å"in the hands of the defendant. † ‘d, at 176. This concern is exacerbated by the fact that law enforcement agencies are often understaffed and are already overworked. ‘d, at 176.Furthermore, police authorities are worried that these new laws will lead to a sort of apathy and degradation of vigilance among officers. D, at 176. They may get used to seeing â€Å"self- defense† claims and may dig deep enough into every claim as these new castle-type laws call for, especially if both parties have criminal records. ‘d, at 176. The last concern of law enforcement on castle-type laws are that citizens (a) will not be adequately aware of their right to use force in self-defens e and (b) will be considered a deterrence by criminals who may now view them as more able to defend themselves. D, at 176. Overall, people might feel safer because they are given more latitude to protect themselves, but they may not since they might be worried about there with â€Å"itchy trigger fingers. † ‘d, at 177. Also, there is a lack of empirical evidence that shows that the positive impacts outweigh the positive negative impacts. ‘d, at 177. However, the ironic part is that we will not know if these types of laws will â€Å"work† unless we employ them uniformly on a generalize sample size (many states/ jurisdictions) and then evaluate them over time using sound research methods. Ensure that citizens are able to defend themselves when they legitimately need to. Nobody said it would come without any consequences at all. A legal issue with hose castle doctrine-type laws according to Elizabeth Mega, Deadly Combinations: How Self-Defense Laws Pairing Imm unity with a Presumption of Fear Allows Criminals to â€Å"Get Away with Murder,† Volvo 34 American Journal of Trial Advocacy 105-134 (2010), is that reasonable fear and immunity can combine to create a virtual bar on prosecution for self-defense cases involving an individual's â€Å"castle. The state of Florida provides both a presumptive reasonable fear clause and an immunity clause; reasonable fear by itself can be rebutted by the prosecution at a later time, but immunity won't ever allow that to happen. D, at 108. Mega contends that such an â€Å"irrefutable conclusion† is unconstitutional and puts law enforcement in an awkward position to determine immunity. ‘d, at 108. Also, once immunity is granted it cannot be withdrawn and someone who was entitled to immunity cannot fight for it later on. ‘d, at 109.However, if someone is outside of their home they have to prove the reasonableness of their use of force before being qualified for immunity?this is p resumed in cases involving the home and motor vehicles though. ‘d, at 113.. Furthermore, at least in situations located at the defender's home, Florist's law sakes it impossible to make the determination that the defender's use of force was unlawful. ‘d, at 118. The law contains a provision that states that reasonable fear can be â€Å"presumed† when a person uses deadly force in the protection of their home?the police cannot make a probable cause determination. D, at 119. Florist's law puts law enforcement in a situation where they have to make determinations on the spot that prosecutors would normally make: they have to make determinations of immunity and attempt to disprove a presumption rather than establish a case. ‘d, at 120. Law enforcement normally investigate â€Å"unlawful† acts, but Florist's law tells officers to presume that acts of violence within the home are â€Å"lawful. † ‘d, at 121 . As for how to fix these statutory is sues, Mega contends that they are beyond fixing with Just guidelines and require rewording.Police could become so dependent on the guidelines that they may fail to see the big picture, defendants could end up in Jail trying to assert immunity, law enforcement may not understand the guidelines, and law enforcement have to engage in prosecutorial duties that they were not trained to do. D, at 130. Although â€Å"immunity' certain presents more problems, what about â€Å"reasonable fear† itself? Mega claims that the previous duty to retreat laws still allowed someone to use force, but only when there is no safe method of retreat. ‘d, at 115.In this way, common law held the respect for life on a higher level than the right to possess and use a gun. ‘d, at 115. However, with the new castle-type laws individuals can now react violently with little incentive to try and diffuse the situation by safely retreating. ‘d, at 115. The duty to retreat makes someone think twice about sing force instead of harming someone before considering whether an actual threat exists. ‘d, at 116. With these new Stand Your Ground and castle-type laws, individuals are authorized to act violently in the face of a â€Å"perceived† threat, which is very subjective and open to interpretation. D, at 129. In Florida, however, the law allows the state to prosecute individuals when probable cause is established that the force used was unlawful, at least outside of one's home. ‘d, at 130. This type of provision who use deadly force in a senseless or reckless manner without giving reasonable Hough into whether they're really facing impending danger. As mentioned earlier though, in the heat of the moment people's perceptions and their ability amount to think clearly in these intense situations will vary. How does â€Å"reasonable fear† play out in the context of a Jury trial?Stay Lee Burns, Demonstrating â€Å"Reasonable Fear† at Trial: Is it Science or Junk Science? Department of Sociology, Loyola Martyrdom University, Los Angles, CA 107-131 (2008) examined one murder trial in depth that involved reasonable fear. In this case, the Maddened brothers were charged and invoiced of first degree murder for shot-gunning their parents in their own home in August 1989. ‘d, at 109. During the trial, they confessed to parricide but claimed they held reasonable fear because of their prior sexual abuse by their father and acted in self-defense Justification defense). D, at 110. The Jury deadlocked at the first trial, which indicates the ambiguousness that reasonable fear can have at trial. ‘d, at 129. The defense proposed expert testimony that would show that the abuse the defendants underwent altered their mental state at the time of the killings because heir susceptibility to fear and perception of imminent danger were heightened. ‘d, at 112. U Timely, the Judge did not allow expert testimony pertaining to what h appened in the Maddened brothers' situation, but could attempt to generalize prior research on fear perception.Although there has been research on the limbic system, the part of the brain that processes fear, for the lastly years the results are far from conclusive and there is no test available that can show what the Maddened brothers' fear levels were at the time of the killing or whether their susceptibility had indeed been heightened because of trauma. ‘d, at 118- 127. Social science is only able to provide statistics and the likelihood that the Maddened brothers would act a certain way in a given situation. ‘d, at 122.There is a blood test available that can give insight into what a person's level of fear is, but the sample would have to be taken right at the moment of the crime (not feasible). ‘d, at 124. This case illustrates the tension between social science and the Judicial system that requires facts to relate to the particular case at hand. ‘d, at 128. It came down to what the Jury felt was â€Å"reasonable fear,† and how much they thought the expert testimony applied to the Maddened ease?it's no surprise that the Jury ended up deadlocked. D, at 128-129. In conclusion, the â€Å"reasonable fear† requirement is fair since it allows the state to make an inquiry into whether deadly force was used in a legitimate fashion without putting an excessive burden on citizens and giving too much of an advantage to prosecuting attorneys. Although â€Å"duty to retreat† shouldn't be strictly imposed or evaluated in hindsight, it is still applicable in situations where violence could have been easily avoided by practically walking away.While there are legitimate concerns such as Alice safety in no-knock searches with these more aggressive self-defense laws, the sad fact remains that little empirical evidence is out to date that shows any negative or positive trends associated with these laws. In addition, these laws and their interpretation are still in their infancy and are written differently among the states and their Jurisdictions. A legal issue that may not be empirically measurable, however, is how reasonable fear can be paired with immunity to create a bar on prosecution of those defending their home perhaps too readily.These people should burden of proof that can easily be discredited. Additionally, this presumption would leave police officers with the difficult task of making determinations on the spot that would normally be left to prosecuting attorneys. As for immunity, citizens should be granted immunity from civil litigation if their use of deadly force was Justified; they shouldn't have to be mired with legal action from the aggressor after they've already been in court.The Maddened case illustrates the limitations of science to prove reasonable fear in a court setting, and can only offer potential generalizations and statistics. Bottom line, â€Å"reasonable fear† ends up get ting determined by Juries, which ay not be that easy or uniform. Overall, the new and more aggressive self-defense laws are good for public policy with the exception of the presumption of reasonable fear in situations involving defending one's home.These laws necessarily give citizens more latitude in defending themselves without an undue burden of having to sit there and think about whether they should retreat or fear of future civil litigation. However, those who are inclined to resort to violence in the face of any perceived threat need to justify their actions in order to prevent senseless killings. They should only have to how that they had reasonable fear without a heavy burden of proof that prosecutors can easily defeat, which could be the beyond a reasonable doubt standard.An understandable concern is that these new laws will put a further burden on an already stressed and backlogged criminal Justice system, but we cannot put police officers in a position to try to make thes e determinations on the spot. We also cannot allow potential senseless killings to go unchallenged. Omitting the presumption clause and putting a little more emphasis on retreat options can better balance the defender's right of safety and the aggressor's culpability.