...right, under the circumstances. In the cases where this defense is used even if the government proves all of the elements of the crime beyond a reasonable doubt, the defendant still gets to walk because they are not blameworthy. As per the circumstances being studied, the shooting of the husband by the wife, the defense will be trying to use self-defense as the defense in the reasoning of the plea of not guilty. There are four elements that self-defense is made up of: 1. It has to be an unprovoked attack, 2. Necessity, 3. Proportionality, and 4. Reasonable belief. In the case for both the defense and prosecution all of these elements will be looked into. Also I will look at and consider as to whether it could have been considered a preemptive strike or retaliation as neither of those can happen if self-defense is to be used as the justification. Prosecution: Since this case is happening in Kansas the prosecution will have the burden of proof no matter what. This comes from 51.050 Defense – Burden of Proof which states: “The defendant raises self-defense as a defense…….The state’s burden of proof does not shift to the defendant.” There are two ways that the prosecution could go at prosecuting the defendant. The first is going at the gut of the defendant and getting the crime declared to be murder in the first degree. For this to be declared the crime the prosecution will have to prove that the defendant intentionally killed her husband, the killing was done with...
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...Running head: THE IRAQI WAR: WAS IT THE RIGHT THING TO DO? The Iraqi War: Was it the Right Thing to Do? XXXXXX University Abstract The invasion of Iraq was unconstitutional, had no real justification for happening and has severely damaged relations with our allies. Most importantly, Saddam Hussein was considered a threat and it was believed that he had weapons of mass destruction, would take on the U.S in an instant and was accused of having ties to the events of September 11, 2006 and the Al-Quaeda terrorist network. None of this could be proved and it appears as if it were all just convenient statements made by the administration to find a way to make it a justifiable cause. The Iraqi War: Was it the Right Thing to Do? The invasion was unconstitutional, against international law, violated the Christian doctrine of "just war" and has damaged U.S. relations with its allies. It has wreaked havoc in the Muslim world, where there's plenty of havoc already, and most importantly, it has resulted in the deaths of tens of thousands of innocent people. Frankly, it’s surprising it hasn’t resulted in dropping a nuclear bomb on Baghdad. Claims made prewar regarding Iraq's weapons of mass destruction have all proved to be wrong; the number of terrorists in Iraq has increased rather than decreased and the abuse inflicted on Iraqi detainees contradicts the most basic values the Administration claimed it would bring to Iraq (Savoy, 2004). President Bush’s...
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...the destruction that would result. Their initial attack on the U.S. was a preemptive measure to war. The Japanese government had many plans to take control of the Philippines and reap the abundance of oil present in the Southeast Asian country. Prior to the attack, both Japan and the U.S. had been fighting for control of the Pacific. The Japanese predicted that a surprise attack would deplete the U.S. of its military presence in the region, and serve Japan's greater economic and imperial interests. Yamamoto’s unconventional plan would couple airstrikes with the movement of a combined fleet in Southeast Asian cities. If done correctly, the attack would catch the American fleet off guard, granting Japan enough time to take over the territory....
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...each mass violent attack. In remarks to the Center for | |International Policy in Washington DC, on November 2001, former Ambassador Keeley (2002) discussed the necessity to define | |terrorism, and illustrated the challenge of constructing a definition that can be applied steadily. (Keeley, 2002) Thirteen years | |later six different U.S. government agencies have differing definition of Terrorism, and there is no consensus on a definition. | | | |Critique of Definitions of Terrorism | |Although the wording used in the within the definitions varies, there are key words each of the agencies emphasize. The U.S. Code | |Of Federal Regulation does not distinguish between a government and sub national group who uses terrorism as a method. United | |States Code Title 22, Chapter 38 and the U.S. National Security Strategy does not mention or required a motive of the attackers, | |and the U.S. Department of Defense does not identify the targeting of noncombatants as a factor. Title 18 of the United States | |Code establishes am international definition of international terrorism that includes territories outside the United States such as|...
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...The works “Preventive War and Democratic Politics”, “Democratization and the Danger of War”, “Terrorism, the Use of Force, and International Law After 11 September”, and “Failed States: Fixing a Broken World” all describe and aim to formulate the motivations for modern wars between two states. By using historical precedents, each author makes assertions about war theory, leaving the reader with a framework to analyze conflicts occurring in the world today. While each entry makes a unique assumption, the content of arguments invariably overlaps. In my response I will examine each piece and the questions I was left with after contemplating the implications of their respective theories. In “Preventive War and Democratic Politics”, Levy first distinguishes preemptive wars from preventive wars, claiming that the former involves an immediate threat to a state’s safety while the latter is determined by the presence of a non-immediate threat—often an adversary “crossing a particular threshold of military power, leading to a stop-level power shift” (Levy, 7). He goes on to discuss that since the advent of nuclear military developments, the majority of wars have been preventive. This argument is logical because as the stakes are raised, states have the responsibility to their constituents to mitigate threats; citizens are much more willing to tolerate smaller skirmishes than risk the threat of an over-militarization of another state with different social and political values, beliefs...
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...During the lecture we discussed how the Hamas ruled Gaza in the first place and what really triggered the war and tension between them and Fatah. We viewed a short video of the location of Gaza. Gaza is a Palestinian region on the Mediterranean sea that borders Egypt and Israel. Gaza is populated with the estimate of 1.8 million people. The Hamas were founded in 1987 as Palestinian branch of the Egyptian Muslim brotherhood. After the death of the PLO leaser in 2004 Hamas began to gain more politics ground. In 2006 Hamas won the Palestinian elections against the Fatah. Hamas won 76 seats in the Parliament compared to Fatah. Because Hamas won the election there was a long tension between them and Fatah leading to a dividing government. There was an attempt to unite them to but unfortunately failed. From 2006-2007 there was a civil war in a way between Fatah and Hamas and eventually the Fatah’s were driven out. This is said to be a preemptive cue of the Hamas because Fatah has plans to run the Hamas out as well. However Hamas found and took action first leading to the full control of Gaza. Hamas was then seen as the terrorist organization to Israel, US, and Canada. Eventually there was a blockade from Israel and Egypt. What seemed to have caused the war was the kidnapping and murder of the three Israeli teenagers. Israel blamed it on the Hamas, which they denied. Come to find out the murder was by a Palestine clan from the Hamas. Israel used that reason to literally do a sweep...
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...Has he fulfilled that promise? Yes, but a what cost? That is neither here nor there, the last argument this paper seeks to make is, Hillary Clinton’s handling of the fiasco in Benghazi. On Sept. 11th, 2012 an angry anti-american mob stormed the U.S. Embassy in Benghazi, Libya and killing ambassador Chris Stevens, aid Sean Smith, and contractors Tyrone Woods and Glen Doherty. Weeks prior to this incident, Stevens had asked then Sec, of State Hillary Clinton for an increase security as tensions were rising in the middle east. However, his plea for help went un answered, even up until the day of the attack. This sparked outrage in the U.S. and made people question who was ultimately responsible for the deaths of these Americans. Further broadening the gap between the public and its U.S. government. The voices that are calling for Hillary Clinton’s indictment, are the same voices that can be heard protesting Vietnam and Iraq. 40 plus years may have passed since 1968, but the voices of opposition can still be heard as loud as ever. The only thing different about Benghazi when compared to the conflicts in Vietnam and Iraq is the fact the whole Obama administration is not taking the blame for Clinton’s handling of the situation. Still, someone has to answer...
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...strategy is derived from the nature of war. In the following parts, evidence would be mentioned to show how similar nature of war generates similar strategy, military tactics and consequence (Waldman, 2012). Nature of war Both Afghan and Iraq military campaign are war on terror. In September 20, 2001, George Bush, the U.S president, mentioned that the war on terror would start at Ai-Qaeda. War would end until all terrorist groups are found out and eliminated. He also said countries supporting terrorism would be punished. Bin Laden was the most wanted which was the leader of Ai-Qaeda (Barker, 2003). For the Afghan military campaign, it occurred because of September 11 attacks which caused more than 3000...
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...Six Day War?” The Israeli death toll is nearly twenty times less than that of their opposition in the Six Day War. The Six Day War was fought in June, 1967. It was fought between Israel and a coalition of Arab forces including Egypt, Syria and Jordan. The United States and Soviet Union were both involved. The U.S. supported Israel and the U.S.S.R. supported the Arab forces. Countries like France and Great Britain were also involved but tried to remain neutral. The war was caused by the mutual distrust, mounting tension and military build up on each side. The war led to more conflict and tension in the Middle East. The Six Day War was caused by the history of war between Israel and Arab countries. Before the Six Day War, there had already been two wars involving Israel and a neighboring Arab country. Israel was involved in the Arab-Israeli War and the Suez Crisis. Israel won both wars, securing their spot in the Middle East. Israel also had numerous armed conflicts with Arab forces. In between major armed conflicts, there were terrorist attacks committed by Arabic. Groups like the Palestine Liberation Organization (PLO) and Arabic guerrillas from countries like Syria, Egypt and Jordan committed these attacks. Another cause of the Six Day War was the mounting tensions on each side. Although Arabic guerrillas already conducted attacks on Israel, the formation of the PLO in 1964 resulted in an increased level of terrorism in Israel. In May, only one month before the war, Egypt...
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...ever-changing role for the US in the global arena. Following the end of the Cold War and the collapse of the Soviet Union, the United States has been in the position of being the primary military and economic ‘superpower’. Foreign policy was focused on the possible threats of long-range missile attacks by North Korea directly or upon our European allies by Iran. Domestic policy was more economic in nature focusing on developing markets and free trade agreements, such as NAFTA, with emerging foreign markets in developing countries such as Mexico, China, and India. Unfortunately, this has led to a loss of 20% global market share for the US as outsourcing jobs and sometimes entire companies to these countries has become a more prevalent practice. Since the 9/11 attacks, the focus has been on fighting a war against terrorism beginning with the bombings in Afghanistan 26 days after 9/11 in 2001 and the invasion of Iraq in 2003 (nymag.com, 2014). In a speech to the joint houses of Congress on September 20, 2001, President Bush stated, “We will direct every resource at our command ... to the destruction and to the defeat of the global terror network. ... We will pursue nations that offer aid or safe haven to terrorism. Every nation in that region now has a decision to make: either you are with us or you are with the terrorists.” (Jones, 2014). Most military actions taken by countries is preemptive or occurring when they know an enemy is about to attack. This change in foreign policy...
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...Authority on cyber warfare As we approach a new generation of warfare, we face new problems. Each generation before us has shown that there are continued advancements in warfare technology and with new technology there are different guidelines and terms of use in concordance with international law. The art of war has not changed since the beginning of time. Yes, there are new weapons, but the content for the most part is the same. Defeat your enemy, rendering them unable to strike back, or attack them where it hurts so that they do not want to proceed in the war. Through the evolution of war, the United States has conquered and been defeated. We may not always be law abiding, but we do what we deem necessary to defend the nation. In the process of defending, we learned that technological advancements are not always a positive thing, and technology can become too powerful for any one nation alone. The creation of the nuclear bomb was just that. Now that there is this terrifying new advancement in warfare technology, how do we stop it from getting into the hands of the wrong people? Executive summary, In this paper, I will discuss how the Stuxnet virus was used to stop the use and development of nuclear weaponry in Iran. The laws on proper use will also be discussed, exploring whether it was lawful to deploy the virus, with relation to the use of Traditional Military Activities and presidential findings. In addition...
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...unforgettable true story of Dr. Martin Luther King, Jr. who led many in the epic march from Selma to Montgomery. African Americans have the same voting rights as the whites but, their equal right had not secured. Instead, they were scant by racist registration officers. The victorious lead by Martin Luther King Jr. and his siblings brought one of the most significant victories in the Civil Right Movements. This movement forever changed our history. Despite the 14th and 15th amendments, the civil rights of African Americans right to vote were systematically taken away. After the Civil War, Congress prevented Southerners from re-establishing white supremacy. Confederate states wrote new constitutions and were readmitted to the Union, but only after ratifying the 14th Amendment. This Reconstruction amendment prohibited states from denying "the equal protection of the laws" to U.S. citizens, which included the former slaves. White Americans nationwide began to vote out the Republicans and replace them with democratic government legislators and local officials. Media covered events ranging from the 1950s Montgomery bus boycott to the democratic national convention. Unless you were famous...
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...about the crisis in a televised address after deciding that the citizens of America had the right to know about the deadly affairs. Before the idea of the blockade was accepted, President Kennedy considered two remaining options. The first being an air strike primarily against the Cuban missile bases, and the second a naval blockade of Cuba, which came to be the plan of action accepted in the future. A full-scale invasion was not the administration's first option due to how it would badly damage America in a backlash effect. Robert McNamara supported the naval blockade as a strong but limited military action that left the US in control. However, the term "blockade" was problematic. According to international law a blockade is an act of war, but the Kennedy administration did not believe that the Soviet Union would be provoked to attack by a mere...
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...the sponsor but also opens up the option of plausible denial if they were ever suspected. Covert action is a third option when “soft” exercises of national power such as diplomacy, economic sanctions, or informational power are ineffective in influencing conditions abroad on one hand, while the use of overt military force is undesirable or not feasible on the other.1 Covert action is traditionally divided into three categories: propaganda, paramilitary operations, and political action. Propaganda involves disseminating specific message or viewpoints to a target audience. As an example, in the late 1940’s, the U.S. covertly used propaganda to assist anti-communist political parties in Italy and France during close elections. Paramilitary operations involve training, equipping, and supporting paramilitary groups in target countries. A successful example was when the U.S. supported the Afghan guerrilla fighters during the Soviet invasion of Afghanistan in the late 1970s into the 1980s. An example of an unsuccessful paramilitary operation is the failed Bay of Pigs invasion of Cuba in the 1960s. Finally, political action involves influencing the political situation in a particular country, whether by influencing current government officials, election results, economic situations, or civic groups. Political...
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...political and financial motives for the interests of other countries in the rural country of the Congo. Even though it was not advanced technologically or industrially, the country had many valuable natural resources that foreign countries wanted to exploit. Notably, Great Britain, France, and the United States, all had fiscal interest in the Congo’s mine wealth, mostly in the provenance of Katanga (“Congo”). All of these countries encouraged the succession of Katanga in order to take more advantage of its mines. Recent investigations have uncovered details of such exploitations. The Security Council released a statement regarding their inquiry and declared, “[they] can no longer ignore clear evidence linking the exploitation of resources to the war in the Congo” (Lobe). As many...
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