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Differences Between A Felony And A Misdemeanor
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To: Ms. Singh
From:
Subject: Differences Between A Felony And A Misdemeanor
You recently expressed to us your concerns over the death penalty is convicted of the crime of breach of peace. Kindly note that this is not possible, as the crime you are accused of is usually classified as a misdemeanor, while the death penalty is purely reserved for a first degree felony. There are two different categories of crimes: felonies and misdemeanors.
A felony refers to a highly serious crime, which is punishable either by death or a prison term of at least more than one year. The individual crimes for which an individual may receive a prison term of more than one year may include but are not limited to: murder, robbery, aggravated assault, arson, burglary, sale and distribution of illegal drugs, fraud (though in various forms), grand larceny, kidnapping, federal property vandalism, treason, perjury or even cheque fraud.
These felonies are then classified into two broad categories, nonviolent or violent offences. The latter encompasses crimes that do not involve the use of force or the threat of using force. This may include crimes such as vandalism, fraud, sale and distribution of illegal drugs, treason, cheque fraud and perjury (Johns, 2006). The former, encompasses crimes in which there was a threat to use force or force was actually used, as would be the case in robbery, murder, aggravated assault, arson or kidnapping. At times or in some states, even certain property crimes which bring about psychological trauma may also be considered as violent crimes, with the likes of burglary usually considered a misdemeanor being graduated to a felony, more so if intent to commit felonies such as battery, assault or even larceny can be established.
Felonies are further classified depending on their seriousness, with letters or numbers being used depending on the state in question. For example, a Class A felony in New York, refers to crimes of high seriousness such as treason or murder, and in most cases carry a penalty of life imprisonment or even the death penalty. Class B felonies usually entail less serious but nonetheless serious crimes that are a step below the first class mentioned. This class encompasses crimes such as armed robbery, rape, violent assault, homicide or even drug trafficking, with the range of sentences being 25 years or more. Class C felonies attract prison terms of at least ten years or more but less than 25 years, and entail moderately serious crimes such as fraud, certain types of assault, robbery or theft, as well as larceny. Class D felonies even though as serious as class C, do not usually carry a similar degree of malice. These types of crimes are like manslaughter, burglary, theft, robbery, as well as certain forms of fraud. Class D felonies usually attract prison terms of between 5 to ten years. A class E felony on the other hand falls at the lower end of the spectrum and is ranked as the lowest felony charge in New York, encompassing charges such as aggravated harassment or forcible touching (Bolton, 2008). In most cases these types of felonies attract sentences of between 2 to 5 years, while in rare cases may even result in non-custodial dispositions. This classification system is employed in most states, although a slight difference may exist in how they are named. In other states, like for instance Virginia, felonies are classified according to numbers, which actually correspond to the letters, whereby 1 corresponds to A and 2 corresponds to B and so forth. The punishments these felonies attract are also similar, although in some states the death penalty does not exist and is therefore substituted by life imprisonment without the possibility of parole.
A misdemeanor on the other hand, refers to crimes of a not so serious nature, punishable in most cases by the imposition of monetary fines. The main difference between a misdemeanor and a felony is the fact that the former is punishable by an incarceration term of one year or less, despite the seriousness, while felonies are punishable by at least one year or more. A misdemeanor is essentially considered the opposite of a felony: a crime of low seriousness, with the measure of seriousness being how it affects the society or other people. Crimes that may fall under misdemeanors include: breach of peace, prostitution, disorderly conduct, simple assault, vandalism, trespassing, petty theft, and possession of certain drugs such as marijuana among others (Scheb, 2002).
Similar to felonies, misdemeanors are also classified depending on their seriousness and the type of punishment they would attract. Further, letters or numbers can be used, ranging from A to C or 1 to 3. A class A misdemeanor is usually the most serious and carries penalties of a fine of up to $10,000 or a prison term of up to 9 months, although in the cases of a repeat offender it may entail a prison term of up to 2 years. Due to the variance in how different states define misdemeanors, providing examples may be difficult as in most cases it depends on which state the crime was committed. Class B misdemeanors attract a prison term of up to 90 days or a fine of $ 1000 in most states, although similar to class A, repeat offenders may attract a prison term of up to 2 years. The lowest class of misdemeanors: class C, attracts a prison term of up to 30 days or a fine of up to $500, with the same conditions as in the previous two classes applying for a repeat offender (Burke, 2006). The value of the fines may also vary depending on the state in question, with the option of being forced to pay both the fine and serve the prison term being a possibility.
Another distinct difference when it comes to felonies and misdemeanors is the fact that felons usually serve their prison terms in federal prisons, while misdemeanants usually serve their terms in county or local jails. It is also important to note that the sentencing for misdemeanors is usually the prerogative of the judge, and sentences may, therefore, be more than a year or carry additional probation following the prison term or other penalties (Moxon & Hedderman, 1994).
Clearly as described above, your crime, Ms. Singh, does not fall in any of the felony classes, let alone class 1 felonies which are the only ones capable of attracting the death penalty. Further, seeing as this is your first misdemeanor, the longest sentence possible is one year, and you therefore do not need to worry about a long prison sentence. Perhaps you might not even need to worry about any prison sentence, considering that a fine is a very big possibility (Ides & May, 2006).
References
Bolton, J. (2008). Misdemeanors & Felonies: A Memoir. Swamprighter Publisher.
Burke, P. (2006). The Criminal Law, And Its Sentences, In Treasons, Felonies, and Misdemeanors: WithA Supplement Including All Statutable Alterations And Additions Down To The Present Time.Oxford University Press.
Ides, A. & May, C. (2006). Civil Procedure: Cases and Problems. Aspen Publishers.
Johns, M. (2006). The United States Legal System: An Introduction. Carolina Academic Press
Moxon, D. & Hedderman C. (1994). Mode of Trial Decisions and Sentencing Differencesbetween Courts. The Howard Journal of Criminal Justice 33(2), 97-108
Scheb, J. (2002). An Introduction to the American Legal System. Cengage Learning.
training program for a footballer position defence
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Topic: training program for a footballer position defence2014-2015 Freshman Football Periodization Training Program
Dec-Jan: No formal football training conducted (mandatory activity 3 times per wk).
This would be a 6 week period aligned to post season. This is to increase body strength and power giving one the competitive edge on the field.
The main goal is to increase body strength and power
Work out scope will include exercise for the whole body
Exercise will take place three days per week
The training will involve use of; barbells, dumbbells, machines and cables.
The working out should not be too intense but should involve low reps, heavy weights and requires one to rest in between two days of working out; for example, one may choose to do it on Monday rest on Tuesday resume on Wednesday, rest on Thursday and resume back again on Friday.
The table below will act as a timetable, inclusive of the body part involved, the type of exercise and the number of sets.
Monday: shall involve the chest, triceps, calves and Abs
Chest Sets reps
Exercise Barbell bench press 5 8-10
Dumbbell fly 5 8-10
Triceps Exercise Skull crusher 5 8-10
Calves and Abs Exercise Seated calf raise 4 20, 15, 10, 5
Decline sit ups 4 Max
Wednesday shall involve: legs back and triceps
Legs Sets Reps
Exercise Squat 5 8-10
45 degree leg press 4 8-10
Back Exercise Lat pull down and bent over row 5 8-10
Biceps Exercise Preacher curl 3 6
Friday: shall involve chest, triceps, calves and Abs.
Chest Sets Reps
Exercise Barbell bench press 5 8-10
Dumbbell fly 5 8-10
Triceps Exercise Skull crusher 5 8-10
Calves and Abs Exercise Seated calf raise 4 20, 15, 10, 5
Decline sit ups 4 Max
Post season refers to when the athlete is not participating in any football matches, hence no football training is required but the main form of training involves making the body grow bigger and strengthening body muscles. Full body workout is required so as to ensure every muscle in the body is strong enough and ready to face the next season. The exercise done on the following body parts has great significance to the player.
Chest: through bench pressing and dumbbell fly, the body is able to eliminate fat in the chest area giving room for muscle build up. The chest is usually important in the field as it is required to provide the upper body with stability as the player is being pushed around in the field (Flecks, 1999).
Back: through lat pull down and bent over row, the back is strengthened and increasing the strength of back muscles aids in improving body balance while playing
Abdominals (Abs): they are the core of the body, seated calf raise and decline sit ups helps in strengthening abdominal muscles and giving the body endurance. This is the most important parts in the body of a football player.
Legs and calves: for a football player, leg muscle is the most required part for it provides the player with speed, flexibility and endurance as the player spends most of his time running around the field. Squats and seated calf raise help build strength in the leg muscles and also help in increasing flexibility and endurance
Biceps and triceps: triceps and biceps are not really important for a football player, through bench pressing and preacher curl, an athlete is able to build strength in the two muscles which are at times used while throwing the ball and are also required for body balance and protection of the upper body (Flecks, 1999).
At the end of the sixth week after the post season, a pre test assessment is usually carried out by the trainer so as to assess the body strength, agility and flexibility. This would be around mid January before pre season training commences. The trainer will carry out the following tests on the athlete: first measure height, weight, body fat, the standing vertical, standing long jump and three separate flexibility tests. The flexibility tests will consist of the sit and reach, trunk rotation and groin flexibility tests. Then move on to two agility tests: the T-test and the Illinois test. Following this, a maximum strength test will be conducted. These tests consist of free weight bench press and 3/4 standing squat. After a thirty minute break, the 40 yard dash would be conducted and recorded. The final pre-test assessment would be the shuttle endurance test (Wigin, 1957). Through these tests the trainer will be able to establish the body strength and power to endure.
Feb-Aug: Strength training, Speed and agility training, Flexibility training (M-F, min 3 hrs per day)
This is an eight month training that involves maximizing on strength, agility and flexibility as the main objective. The performance of a player is built and assessed during this stage and much emphasis is placed on the three body requirements stated above. This form of training will not involve the subject player alone but the whole team.
Training will involve full body
Exercise and practice will be form Monday to Friday three hours a day preferably in the morning or evening.
The first week of the season from Monday to Friday, the players are given the chance to warm up and the time allocated for this should be longer than the allocated time. 10- 15 minutes of jogging would be appropriate to kick off the training, followed by static body stretches for the arms, back, and legs so as to reduce muscle tension. Repetition of the jogging exercise 10-15 minutes would be the next thing before starting on the dynamic stretches which would involve using of speed, momentum and flexibility; the best exercise for this would be short sprints across the field (Spackman, 1968).
After the dynamic stretches which are also appropriate for reducing muscle tension and allowing the body to build momentum and speed, players should spread evenly around the field forming a circle where they pass on the ball to each other and also the players are given the chance to catch up with fellow team mates. In the same position players are supposed to dribble the ball to one another. This form of training helps in ball and body balance; speed is also involved in this stage of training.
To finish the first weeks training for the player, involve him plus his team players in a short game so as to recollect on the basic rules and ways of the game.
After the warm up the next three weeks of the month the following will be the schedule for training and once you get to the fourth week the cycle start again for the 32 weeks of the eight months.
Week two:
The training involves the use of the football pitch and a stop watch, timing helps to motivate the trainee to work harder or work towards a certain standard (Dorrance, 1996). For the three hours in the pitch:
Start with a 10- 15 minute jog which helps build leg muscle strength hence enabling the muscles to be strong and flexible.
After jogging, stretching for 5 min is required to reduce muscle tension and prevent cases of muscle pull
Using a timer the trainee should run one lap around the football pitch, this is exercise both the legs and whole body in general, helps one build speed, and strength enabling the player to endure long hour of running during matches and also helps increase body balance.
The next lap should involve kicking the ball hence besides building body strength; the player is able to know how to control the ball as they run.
Repetition of the fast laps and the one using the ball would be required and should be done at least four more times for each
To round it up a jog home would help in muscle build and gaining speed.
Week 3:
A 10- 15 minute jog on the spot to warm up followed by stretching the legs and arms to increase flexibility and reduce muscle tension
One fast lap around the pitch to increase body pace and agility, as well as strength of the leg muscles. This helps to improve and increase the pace built last week
One lap while jogging with the ball, so as to increase body speed and balance.
Repeating the previous two steps four times helps the trainee to gain speed, strength and balance.
2 sets of the following exercises would be appropriate to enhance flexibility, speed and strength which involve all body parts. Wide arm press ups twenty times to build arm strength, two footed squats twenty times to build calf strength hence improving on agility and strength plus flexibility of leg muscles. Twenty lunges which help in building the speed of the body, twenty sit ups which would help in strengthening the abdominal muscles which are required for flexibility and improving body strength.
After all that to round up the training a jog home to help the body relax would be appropriate (Dorrance, 1996).
Week four:
This week will involve use of the ball most of the times and running around the pitch to improve on body speed and strength.
Dribble the ball through cones and stop the ball while timing oneself.
Sprinting between half the pitch to the goal post
Sprinting towards the ball and coming back with it while dribbling through cones.
Two sets of: wide arm press up twenty times, twenty squat thrusts and twenty sit ups, this help in strength, agility, and flexibility.
Towards the end of the fourth week the trainee should be placed in a game so as to enable him to implement all that he has gained through the exercise. A cycle of the three weeks above should be repeated throughout the eight months.
Between the pre season and in season a post test similar to the pre test assessment is done to evaluate the athlete.
Sep-Nov: Maintenance of strength, speed and agility, and flexibility program (3 times per wk)
This stage of training involves exercise to maintain the body strength, agility and flexibility, the exercise is not as intense as that in pre season training and the duration is 3 days in one week and will involve 12 weeks, it will involve the whole body. In season states that the player is currently taking part in matches, not much stress on exercise is exerted.
days 1-Monday 2-wednesday 3-Thursday
weeks 1 Jump on to form 2*30
Press ups2*20
Pull ups1*20
Thrust squats2*30 Sprints across half the field.
A fast lap around the field twice but a 5 minute jog in between
A slow lap while dribbling the ball two times Sit ups max
bench press 2*20
bent over row 2*20
2 Jump on to form 2*30
Press ups2*15
Pull ups1*25
Thrust squats2*30 Sprints across half the field.
A fast lap around the field twice but a 5 minute jog in between
A slow lap while dribbling the ball two times Sit ups max
bench press 2*20
bent over row 2*20
3 Jump on to form 2*30
Press ups2*30
Pull ups1*10
Thrust squats2*30 Sprints across half the field.
A fast lap around the field twice but a 5 minute jog in between
A slow lap while dribbling the ball two times Sit ups max
bench press 2*20
bent over row 2*20
4 Jump on to form 2*30
Press ups2*20
Pull ups1*10
Thrust squats2*30 Sprints across half the field.
A fast lap around the field twice but a 5 minute jog in between
A slow lap while dribbling the ball two times Sit ups max
bench press 2*20
bent over row 2*20
5 Jump on to form 2*30
Press ups2*20
Pull ups1*30
Thrust squats2*30 Sprints across half the field.
A fast lap around the field twice but a 5 minute jog in between
A slow lap while dribbling the ball two times Sit ups max
bench press 2*20
bent over row 2*20
6 Jump on to form 2*30
Press ups2*10
Pull ups1*20
Thrust squats2*30 Sprints across half the field.
A fast lap around the field twice but a 5 minute jog in between
A slow lap while dribbling the ball two times Sit ups max
bench press 2*20
bent over row 2*20
7 Jump on to form 2*30
Press ups2*20
Pull ups1*10
Thrust squats2*30 Sprints across half the field.
A fast lap around the field twice but a 5 minute jog in between
A slow lap while dribbling the ball two times Sit ups max
bench press 2*20
bent over row 2*30
8 Jump on to form 2*30
Press ups2*20
Pull ups1*10
Thrust squats2*30 Sprints across half the field.
A fast lap around the field twice but a 5 minute jog in between
A slow lap while dribbling the ball two times Sit ups max
bench press 2*20
bent over row 2*30
9 Jump on to form 2*30
Press ups2*20
Pull ups1*10
Thrust squats2*30 Sprints across half the field.
A fast lap around the field twice but a 5 minute jog in between
A slow lap while dribbling the ball two times Sit ups max
bench press 2*20
bent over row 2*20
10 Jump on to form 2*30
Press ups2*20
Pull ups1*10
Thrust squats2*30 Sprints across half the field.
A fast lap around the field twice but a 5 minute jog in between
A slow lap while dribbling the ball two times Sit ups max
bench press 2*10
bent over row 2*20
11 Jump on to form 2*30
Press ups2*10
Pull ups1*20
Thrust squats2*30 Sprints across half the field.
A fast lap around the field twice but a 5 minute jog in between
A slow lap while dribbling the ball two times Sit ups max
bench press 2*20
bent over row 2*10
Sit ups max
bench press 2*10
bent over row 2*20
12
Jump on to form 2*30
Press ups2*10
Pull ups1*20
Thrust squats2*30 Sprints across half the field.
A fast lap around the field twice but a 5 minute jog in between
A slow lap while dribbling the ball two times Sit ups max
bench press 2*20
bent over row 2*20
The training schedule above is divided in such a way that the first day involves the chest and back which are used for body balance and stability as well as strength. The 2nd day involves the legs and calves which is used to improve flexibility and strength maintenance while the final day involves the abs and mid section of the body which is appropriate for body endurance (Pauletto, 1993).
Throughout the 12 months training the athlete is provided with full body exercise that helps him be able to perform efficiently while in the field giving him strength, agility and flexibility. The program above which involves the three seasons will enable trainers to know what to do and what form of exercise is appropriate for the trainee.
References:
Fleck, S. J. (1999). Periodized strength training: A critical review. Journal of Strength and Conditioning Research, 13, 82-89.
Spackman, R.R. (1968). Conditional football; pre season, regular season, and off season. Springfield, III: Thomas.
Wiggin, P., Peters, F. ( 1967). Off- season foot training. Cleveland: world Pub. Co..Dorrance, A. (1996). Training soccer champions. Cary , NC: JTC Sports
Pauletto, B. (1993). Strengthening training for football. Champaign, IL: Human kinetics.
Differences and Similarities between Poems.
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Differences and Similarities between Poems.
The poem, Suicide Note is about a young girl, a student in this case who commits suicide because she thinks life events particularly in terms of academics did not go her way. The Suicide note she leaves behind in the form of a poem therefore is a tool that she uses to address her reasons for committing suicide. On the other hand though, is a poem entitled, the death of the ball turret gunner. This poem depicts the author as the mourner of his own death. Besides, being let go by his mother, the poet is a core critique of the effects of a devastating and turbulent war. In this poet, the poet embraces the use of imagery such as abortion to an extent that expresses the author has never been born. This paper therefore seeks to critically look at as well as analyze the similarities and differences as presented in the two poems.
The two poems have a number of issues in common. This section will focus on a number of similarities as put forth by the two poets. The first similarity is the theme. Both themes talk about the death of the poets. Suicide note already depicts a note the poet writes and leaves prior her death. It is in this not that she expresses the reasons for her death. On the other hand, in the short poem entitled, the death of ball turret Gunner. The poet, masculine in this case talks about death as a result of devastating warfare between the nation states or an organized group of people. In this case, the poet uses the word state to function as a metaphor. Therefore, the theme death is a common occurrence in the two poems.
The second similarity is that, in both the first and the second poems, both poets have parents. In the Suicide note, the author commits suicide because apart from disappointing herself, she feels that she has disappointed her parents more. She consistently and repeatedly uses the phrases not smart enough, not pretty enough as well as not good enough to show that not even her parents thought of her as having the above values. The result was that she suffered a low self esteem and she eventually decided to commit suicide. In the poem entitled the death of the ball turret gunner. The poet uses the word mother to function as a metaphor. It represents several kinds of mothers. First is the biological mother of the poet. Second is God and finally is the mother in the universe. Overall, mother is used to depict a life giver. Therefore, both the first and the second poet have parents.
A third similarity is that in both the poems, the characters are already dead. In the Suicide Note, the reader is reading a poem in form a note that the girl leaves behind prior her death. This note has the end objective of communicating to the parents and all the concerned parties about the cause of the author’s death. In the second poem, it is clear that the reader is listening to an already nonexistent guy. This is evident in the last line when the poet says, “When I died they washed me out of the turret with a hose”. This depicts a picture of the poet’s remains as being cleaned out of turret with a hose. Therefore both poets are dead in the first and second poems.
Both poems embrace the use of metaphors, the first poet uses the sparrow as a metaphor to imply a stronger self whereas the second poet uses the word mother as metaphor to imply the life giver. Therefore the use of metaphorical words is a common occurrence in the two poems.
A final similarity is that both the poets want to keep living but circumstances in life do not allow this to happen. In the first poem, the girl would like to keep living but gives up simply because she thinks that she cannot meet the standards she has set for herself. In the second poem the poet would like to keep living but the devastating events of warfare become a big obstacle for him to live.
The two poems however have a number of differences. These differences are discussed below in reference to the above. The first difference is that, In the Suicide Note, the poet dies as a result of committing suicide whereas the second poet dies as a result of war. This implies that the first death is self induced by the author herself whereas the death of the second poet is as a result of turbulent times in terms of warfare that he experiences is a result of his external environment. Therefore it is evident that the two poets face two distinct causes.
The second difference, although quite similar to the first difference is the fact that the first author attributes her cause of death to despair and giving up as a result of life events. On the other hand, the second author attributes his death to war events.
The other difference is that, the poet in the suicide note wishes she was born male. According to her, the male child is better equipped to deal with the challenges he faces in life. This aspect thus makes the suicidal girl to suffer from a state of inferiority complex. In the second poem, the author is male and determined to survive. This illustration is on the second line “And I hunched in its belly till my wet fur froze”. This shows that despite the author’s age and the fear he faces, he is determined to keep living. Therefore, the difference is that the first poet wishes she was born male whereas the second author is actually male and this eventually affects the way the two of them view negative situations.
The other difference is that, the first author is actually under control of her parents and she is the one deviating and getting away from them due to the events of life. On the other hand, the second poet is left by his parent. The second poet reinforces this by the line that states, “From my mother’s sleep I fell into the State”. This illustrates that the mother being unaware, does not notice that the speaker has fallen. The difference is that whereas the first author departs voluntarily from her parents, the second author involuntarily falls into the state.
The final difference is that the first poet is pessimistic in life and sees no chance of improvement in future. This is further reinforced by the repetition of the phrase “not good enough not strong enough not smart enough”. The poet in the second poem sees a better future despite the hostile warlike condition.” And I hunched in its belly till my wet fur froze” shows the determination and optimism in the second poet.
The two poems have a number of similarities as well as differences. The two poems talk about death, therefore death is a common occurrence in both of them. The second similarity is that both poets have parents. The first poet has both whereas the second poet mentions the mother as being his only parent. Both poems are written by poets who are nonexistent in this life. The first poem is a suicide note whereas the second poem is written by a nonexistent person, “When I died they washed me out of the turret with a hose”. The first and the second poem also embrace the use of metaphorical words like sparrow in the first poem and mother in the second poem. Both poets also want to keep living despite their conditions but the first poet consequently gives up. The two poems also have a number of differences. The first poet dies as a result of suicide whereas the second dies as a result of war. The first author wishes she was born male while the second author was actually born male. The other difference is that the first author is distancing herself from the parents whereas the second author involuntarily separated from his mother. The final difference is that the first poet sees no hope whereas the second author sees hope in the midst of warfare. Therefore the first poet is a pessimist where as the second poet is an optimist.