263,260 research outputs found
Attempt, Reckless Homicide, and the Design of Criminal Law
No full textMost American criminal codes create an offense for recklessly killing another person, and nearly all contain a general provision covering any attempt to commit an offense. This article explores the relation between reckless homicide and attempt, which proves more complex than it appears and also turns out to provide a useful starting point for examination of several broader issues in attempt law and criminal law generally.
The idea of attempted reckless homicide (ARH) is largely disfavored by legal scholars and almost, but not quite, universally rejected in American law. Part I of the article questions that hostility. The theoretical arguments against ARH prove unpersuasive, or else too persuasive, in that taking them seriously would call into doubt not only ARH but also the general notion of having attempt liability at all. Moreover, the legal case against ARH under existing criminal statutes is by no means airtight. Indeed, the widely followed Model Penal Code formulation of attempt, read according to its own commentary's interpretive guidance, actually allows ARH in a limited set of situations, though the Code elsewhere tries to deny the possibility of ARH.
Although the law has not embraced ARH per se, it does penalize the same (or very nearly the same) conduct ARH would address, by creating a distinct offense of reckless endangerment, or a variety of more particular offenses covering specific forms of dangerous conduct, or both. Yet as Part II of the article discusses, the endangerment-offense solution to the ARH puzzle creates its own practical problems and raises a distinct set of questions about how to formulate criminal-law rules. The idea of writing a single attempt provision expansively covering any conduct that risks, but does not create, a criminal harm seems rooted in a sense that criminal law works best by establishing relatively few general rules of broad application. By contrast, the idea of identifying particular types of risky conduct and criminalizing each with a specific offense, such as reckless endangerment, indicates a sense that criminal rules should be narrow and precise rather than broad and flexible.
The article explores these two visions of how to write criminal law - which I call the thin-code and thick-code models, respectively - and describes how the choice between thick and thin is not merely formal, but may have significant practical consequences. Though each model has its independent merits, indiscriminately mixing the two is likely to make for a poor and problematic criminal code. Sadly, though, such thoughtless blends of thin and thick are all too common in our criminal law; if anything, they seem to be increasing.Please contact Charlotte Schneider ([email protected]) for any questions regarding this deposit
I am a reckless rambling boy,
No full textVoiceColl. by Max Hunter Dubbed by M.C. Parler
Mrs. Allie Long Parker Pleasant Valley, Ark. June 3, 1959
Reel 345, Item 9
The Reckless Rambling Boy
I am a reckless rambling boy,
To many and many I bid farewell,
To Columbus city I bore my way,
To spend my money at the balls and play.
On the way I married me a wife,
I lover her dearer than I loved my life,
To dress her in her silk so gay,
She caused me to rob on the roadside way.
I robbed them on St. James's Square,
I robbed them all, and I'll declare,
I robbed them of ten thousand pounds,
One night while I was a-rambling around.
Two well-loaded guns were there my way Two pretty bright swords and a pistol too,
And a neat young Lady for to wear the bow Of her pink silk ribbons and her silver and gold
I bought me qa ticket for Janesville town,
I got on and I sat down,
Oh the wheels did roll, and the whistle did blow In about five days I landed home.
Now I'm caught, condemned to die,
And a many and a many a pretty girl will cry,
But the tears of grief won't set me free,
Nor save me from the gallows tree.
My mother says she's left alone,
My sister says she'll weep and mourn,
My true love sits in a deep despair,
With her diamond rings and her curly hair.
Oh when I'm dead, go sing me a song,
Oh when I'm dead, go sing for home (?),
Oh when I'm dead, go sing for joy,
For this is the last of the ramblin' boy.Funding for digitization provided by the Arkansas Humanities Council and the Happy Hollow Foundation
The Regulation of Reckless Trading in South African Company Law
No full textMini Dissertation (LLM)--University of Pretoria, 2024.This dissertation will investigate the various rules and regulations pertaining to reckless trading within the South African Company Law context.
For purposes of this dissertation, I will investigate provisions regulating reckless trading at the hands of the Companies Act, 1973 (hereinafter referred to as the “1973 Act"). I will also investigate the position as set out in the Companies Act, 2008 (hereinafter referred to as the “2008 Act”) and will have a brief look at whether the Companies Amendment Bill, 2021 may change the provisions in terms of reckless trading, both in wording and in application. I will critically analyse and compare the provisions of the 1973 Act and the 2008 Act in so far as reckless trading is concerned.
The 1973 Act largely deals with reckless trading in terms of section 424 of the Act. This provision sets out instances in which the section will find application. It Further determines when affected parties (i.e. creditors) can rely on the Act.
The 2008 Act similarly contains provisions regarding reckless trading, however, the provisions differ in wording and are applicable in different scenarios than the 1973 Act.
This dissertation seeks to set out the scope and application of the 1973 Act and the 2008 Act. Further, whether, with the promulgation of the 2008 Act, the 1973 Act’s provisions still find applicability. I will set out remedies available in terms of the governing legislation read together with the Common law and investigate the provisions of the 1973 and 2008 Acts respectively to see who can call upon them for protection against reckless trading.
Furthermore, I will investigate conflicts between both Acts concerning wording and application and whether the Companies Amendment Bill, 2021 will change the current position. The Companies Amendment Bill will be investigated in particular to see whether it clarifies the conflicting positions regarding the regulation of reckless trading in the 1973 and 2008 Acts as well as prevailing case law.
I have followed a comparative approach to the research and have focussed almost exclusively on South Africa’s legislative landscape.Mercantile LawLLMUnrestrictedFaculty of LawsNon
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Reckless Manslaughter
No full text“Reckless manslaughter” (RM) apparently covers situations where: (i) the defendant’s act or omission caused the death of another person; (ii) the defendant was aware at the time of acting or omitting that a risk of death or serious injury existed; and (iii) the relevant risk was taken without adequate justification. This article contends that there is good reason to doubt that RM exists as an independent form of manslaughter in English criminal law. It explains why this is problematic from the perspectives of fair labelling, fair sentencing and fairness in the law of homicide
Reckless Empathies
No full textMy work draws on materiality and form to evoke reckless empathy. The state of being recklessly empathic is to remain fearless, and perhaps even foolishly open to and aware of possibilities in the midst of chaos. It is trust and risk in the face of imminent failure. Reckless empathy is hope, possibility, and peril, the overarching theme of this work. In my studio, with the objects at hand, I freely explore the precarious and emotional possibilities of material and form. My parameters begin and end with materials; found and distressed furniture and fabric suggest fraught yet sympathetic relationships to home and family. Juxtapositions of these objects and their transformation through my revelatory process establish an intimate visual language. A plaster cast of a child’s feet and folded hands, pieces of a velvet dress, worn out jeans, a crocheted scarf and quilt scraps convey intimacy that infuses the work with human emotion, the rituals of family and home, and the physicality of memory. Obsolete and weathered furniture provides the framework for these unlikely objects. They are molded with chicken wire, plaster, and papier-maché, and appear as mysteriously anthropomorphic configurations suggestive of human and animal. They are then purposefully upended, knocked over, tilted and stacked in a desire to challenge or defy gravity and logic. The discomfort that results through precariously balanced materials invokes both playful, child-like dramas and tragic twists of fate.California State University, Northridge. Department of Art
Going Beyond Counting First Authors in Author Co-citation Analysis
No full textThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Reckless anxiety
No full textReckless Anxiety will focus on fourteen short stories that have characters who all suffer from some form of mental illness, compulsion or disorder. The title is itself a paradox, because anxiety in its general sense could make someone with it more cautious than normal. I wanted to take it to an extreme level and approach writing with the recklessness of an artist afraid of what could happen should he ever stop moving or stop dancing. ^ PROJECT BACKGROUND: Before I started developing my thesis, as a writer I felt as if I was on a path with only one direction. In the periphery, I could see that there were other Latin@ authors and poets that had been charting out the map and making incredible inroads into the literary world. I felt disconnected to that, as if those paths were meant for someone else. I had, however, made inroads myself into different venues of writing. I had been a journalist in high school and in college and had adapted those lessons into my professional career. But for writing on my spare time, that process started changing when I enrolled at the University of Texas at El Paso’s Online Master of Fine Arts in Creative Writing. Before that, my biggest hangup as a writer was being genre-stricken—that is, sticking to either sci-fi or fantasy. Once I started at UTEP, I started a process that made me appreciate, learn, and breathe literary fiction. ^ Writing short stories is a process that, for me, begins first and foremost with writing poetry. In my poetry, I use both image and line to the best of my ability to describe things around me. As a poet, I find something specific that calls to me, whether it is a building off of Houston’s Southwest Freeway, a particularly strong emotion at the closing of a Waldenbooks in Brownsville, or seeing two complete strangers dance the night away in a country western club. Then I scribble a page or two about that particular moment on a notepad that tends to be on my person most of the time. I then wait a week before transferring the physical notes into digital ink, where it then sits in a designated “crockpot” folder. Here, my ideas stew for one more week while I initiate other projects. Once the week passes, I re-open my project and determine whether or not the poem is ready. I have found that waiting several weeks to truly determine the worth of a poem rather than trying to perfect a poem in one sitting, and to view that poem with new clarity, has allowed me to greatly improve my poetic talents. If it is ready, then it is saved and kept in a folder for submissions. If it is not, then I set the poem aside in another folder and cannibalize the imagery for something else, or perhaps for future edits. Within this graveyard of incomplete poetry I can see if there is a connection or enough substance and enough imagery to go deeper. This makes up the first component of my fiction process. The other component involves having all that occur inside my own mind, everything from the initial draft to determining the worth or potential of a creative project. The union of these two processes is what allowed the birth of Reckless Anxiety as my thesis.
I’m a wild and reckless hobo I left my happy home
No full textvoice ; guitarsCollected by:
Billie Lou Ratliff For:
Mary C. Parler
Name of singer:
Bill Baker
Address:
St. Paul, Arkansas
Date:
January 3, 1959
Reel 269 Item 18
WILD AND RECKLESS HOBO
I’m a wild and reckless hobo I left my happy home I started out on a western trip all by myself alone, I says, "While I’m out upon this trip, I’ll surely see some fun
Ten thousand miles away from home and I am on the
Standing on the platform a smoking a cheap cigar
A-waiting for an old freight train to catch an empty car
My pocket book was empty my heart was filled with pain
Ten thousand miles away from home a bumming an old freight train.
Being tired and hungry, not having a bite to eat
I laid down to take a nap to rest my weary feet
I got up and looked all round, boy, you can bet I was feeling bad
I walked over to the hotel and this is what I said.
"Kind miss, oh, kind miss, won’t you give me a bite to eat
A little piece of cold corn bread, a little piece of meat
She put her arms around my neck and said,"I love you as a friend
I’m afraid if I’d feed you this time you’d be on the bum again.”
"Kind miss, oh, kind miss, what makes you talk so rough
You need not think that I’m a hobo because I look so rough.”
She took me in the kitchen she treated me nice and kind.
She had me in the notion, boys, of bumming all the time.
bumCollected by:
Billie Lou Ratliff For:
Mary C. Parler
Name of singer:
Bill Baker
Address:
St. Paul, Arkansas
Date:
January 3, 1959
Reel 269 Item 18 (Cont'd)
WILD AND RECKLESS HOBO (Continued)
I walked out of the hotel went strolling over town Just then I heard a double header blow, I know she’s western bound I pulled my cap down over my eyes and went walking down the track I caught the race of an old freight train and never did look back.
I got off in Denver, got struck on a Denver girl You bet your life she was out of sight, she wore the Denver curl
She wore the hat on the back of her head like Denver girls all do
And if that freight train passes through I’ll bid that gal adieu.Funding for digitization provided by the Arkansas Humanities Council and the Happy Hollow Foundation
Wild and reckless hobo (Transcription)
No full textCollected by Merlin Mitchell
Transcribed by Nathaniel Lucy
Sung by Alvis and Georgia Wood
Combs, Arkansas
July 26, 1950
Reel 58, Item 2
Wild and Reckless Hobo
I’m a wild and reckless hobo, I left my happy home
Started out on the Western trip on by myself alone
While I on the trip, I surely will have fun
Thousand miles away from home and I am on the run
Standing on the platform, smoking a cheap cigar
Waiting for an old freight train to catch an empty car
My pocketbook was empty; my heart was filled with pain
Thousand miles away from home and bumming on an old freight train
Being tired and hungry not having a bite to eat
I lay to take a little nap and rest my weary feet
Well I woke up and looked all around, you bet I was feeling bad
I went over to south hotel and this is what I said:
“Kind Miss, O Kind Miss what - - - talks so rough?
Need you not think I’m a hobo because I look so tough
She took me in her kitchen; she treated me nice and kind
Had me in a notion boys off bumming all the time
I walked out of the hotel, went strolling over town
Then I heard a double headed blower and knew she was Western bound
The heart began to roll around and I begin to sing
Sure as that brake train fashions here, I’ll catch her on the wing
I pulled my cap down over my eyes, went walking down the track
Caught the race of an old freight train and never did look back
Well I got off in Denver, got stuck on a Denver girl
You bet your life she’s out of sight, she wore the Denver curlWore the hat on the back of her head like the Denver girls all do
Sure as that freight train passes again I’ll bid that girl adieu
“I’m going,” says the hobo, “to the land both fair and bright
I’m going where the hobo don’t sleep outdoors at night
Where the handouts grow on bushes and the girls don’t wear no socks
And the little streams of Alkiehol come trickling down the rocks.
Responses to criminal prosecutions for HIV transmission among gay men with HIV in England and Wales
No full textIn England and Wales, criminal prosecutions for recklessly causing serious bodily harm by transmitting HIV have occurred since 2003. Understanding how people respond to the application of criminal law, will help to determine the likely impact of prosecution. As part of a wider qualitative study on unprotected anal intercourse amongst homosexually active men with diagnosed HIV in England and Wales, 42 respondents were asked about their awareness of criminal prosecutions for the sexual transmission of HIV, and how (if at all) they had adapted their sexual behaviour as a result. Findings demonstrate considerable confusion regarding the law and suggest that misunderstandings could lead people with HIV to wrongly believe that how they act, and what they do or do not say, is legitimated by law. Although criminalisation prompted some respondents to take steps to reduce sexual transmission of HIV, others moderated their behaviour in ways likely to have adverse effects, or reported no change. The aim of the criminal justice system is to carry out justice, not to improve public health. The question addressed in this paper is whether desirable public health outcomes may be outweighed by undesirable ones when the criminal law is applied to a population-level epidemic.
Description from publisher website at: http://www.rhmjournal.org.uk
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