Abstract This paper looks at dream sequences in Dostoevsky's novels "The Double" and "Crime and Punishment" and analyzes how they allow the reader to understand more about the psychology of the characters in a way that would be difficult to portray in the character's waking thoughts and actions.
From the Paper "In both The Double and Crime and Punishment, Dostoevsky describes dream sequences that are very revealing about the fears of Mr. Golyadkin and Raskolnikov. Using his characters? nightmares as a way to convey something about their psychology allows Dostoevsky to reveal the characters? mental state with an untainted honesty that is not possible in their thoughts and actions. In this way, Dostoevsky is able to crystallize and clarify the characters? deepest fears. In particular, the examination of Golyadkin's dream about his double turning everyone against him reveals that his peers? opinions of him are of the highest importance to him, and as such, his great fear is that others will dislike him. Raskolnikov's dream about the horse reveals his fear of his own weakness, his fear and repression of his past, and his fear of his own humanity and capacity for compassion."
Abstract This paper describes double lung transplants and then outlines briefly the manners in which the transplant is to be survived considering the factors working against the individual.
Abstract The legal concept of ?Double Jeopardy? is a rather simple one to define and to understand; but .application of the Double Jeopardy standard is anything but easy or simple. The paper describes Double Jeopardy as a limitation in court proceedings that the same person cannot be tried for the same crime twice, regardless of the verdict or outcome of the first trial. But, as with all legal procedures and rules of order, there are exceptions to the rule. The paper shows that in cases where new evidence is found that can demonstrate a person's innocence, a trial is considered warranted because the outcome could not adversely affect the person already convicted. If, however, the new evidence could prove an already determined innocent person guilty, then Double Jeopardy rules start being applicable. The paper concludes that Double Jeopardy actively prevents multiple prosecutions and overlapping punishments for the same crime.
From the Paper "The key issue in our modern application of Double Jeopardy is whether or not it was intended to just limit the actions of the executive and judicial branches, or whether it was meant to include actions of the legislative branch. The Court's seeming unwillingness to decide if the Clause protects against legislative incursions upon Double Jeopardy values accounts for most of the confusion in Double Jeopardy jurisprudence. By this, it is meant that the Double Jeopardy Clause either does or does not limit Legislative ability to create new and additional punishments for the same crime. For example, does Double Jeopardy prevent Congress from making a law that allows for a person to be given additional punishments for every person secondarily affected by a murder (while current practice is to punish the crime itself, this hypothetical law would allow for the same crime's punishment to be based upon the number of people in the family and community directly affected by the crime and to add additional years of punishment)."
Tags: jurisprudence, Supreme, Court, O., J., Simpson, Ex, Parte, Lange
This paper discusses the use of "doubles" in Joseph Conrad's "The Secret Sharer" and "Heart of Darkness" and Robert Louis Stevenson's "Dr. Jekyll and Mr Hyde".
Abstract This paper describes that in the use of "doubles", Joseph Conrad's "The Secret Sharer" and Robert Louis Stevenson's "Dr. Jekyll and Mr Hyde" are more nearly similar than either of those works are like Conrad's "Heart of Darkness". The author points out that in both "Secret" and "Jekyll", the doubles reside in one man and the doubles are clearly delineated, one good and the other evil, but in "Heart" both Kurtz and Marlow have doubles within them.The paper explains that the psychological issues of the uses of doubles in the three works are twofold: How is it that a man comes to be made aware of the evil within himself, and how does he respond when that confrontation takes place?
From the Paper "Conrad's The Secret Sharer is easily the most complex of the three stories, for it can be taken as the portrayal of both the double externalized and internalized. Clearly, in either case, Leggatt is meant to be the evil side of the young captain. The captain is kin to Marlow in that both set off on a journey, internally and externally, in relative innocence, and both end up far more aware of the evil in the world."
Abstract This paper discusses the Fifth Amendment, double jeopardy clause and the double jeopardy rule in England. The papre relates that, recently, England scrapped the 800-year old law to allow retrial of those defendants that had been acquitted of serious felony offenses. This paper visits the case of Mr. William Dunlop for the crime of murder and discusses the outcome of the case in detail. Several cases are also explored pertaining to the double jeopardy clause in the Fifth Amendment of the US Constitution. These cases help explain how the double jeopardy clause is affected by caselaw from the United States Supreme Court and how that influences the double jeopardy clause. The presentation before the courts of both sides of the issue presenting a pro/con or for/against are also discussed in detail.
Table of Contents:
Abstract
Introduction
Body of Paper
Conclusion
From the Paper "The prosecution can appeal prior to trial commencing (see Serfass v. United States, 420 U.S. 377 [1975]) where the judge has ordered the dismissal of the indictment against the defendant. The prosecution may appeal a ruling after jeopardy has attached itself to the proceedings but prior to the termination of the proceedings, so long as the trial did not produce a basis of innocence for the accused (see United States v. Scott, supra, 687). The prosecution may not appeal an acquittal. Even if the judge or jury order the acquittal, double jeopardy attaches itself after the acquittal has been established."
Abstract This paper argues that, despite ambiguities, the provision of double jeopardy provides important protections against tyranny, harassment, and malicious prosecution. Furthermore, there are already adequate exceptions to the double jeopardy rule to ensure against criminals being able to take advantage of such ?technicalities.? Given these arguments, this paper maintains that the double jeopardy rule must continue to be upheld.
From the Paper "The Fifth Amendment of the Constitution specifies a Double Jeopardy Clause. This clause expressly states that no person shall "be subject for the same offense to be twice put in jeopardy of life or limb" (Constitution, Amendment V). This principle was enshrined expressly to protect individual citizens from excesses of the state or representatives of the government. The Fifth Amendment's provision regarding double jeopardy thus functions to protect individuals from harassment or tyranny by those in authority."
Abstract This paper examines how the double jeopardy clause is part of the Fifth Amendment to the U.S. Constitution and categorically prohibits re-trial for the same offense. It looks at how the rule is aimed at restricting the powers of the government, protect the individuals from uncertainty about their fate, and encourage "finality" in the criminal justice system. It provides an overview of the double jeopardy clause and also includes an analysis of the clause aimed at deciphering its exact meaning and intent, differing interpretations of the rule by U.S. courts, and the pros and cons of the rule.
Outline
The Underlying Philosophy
Origins and History
Development and Scope
Contradictory Rulings
Pros and Cons of the Double Jeopardy Clause
What Should be Done?
Conclusion
From the Paper "The double jeopardy rule is said to have its origins in the controversy between the King of England, Henry II and Thomas Becket in the 12th century AD over the issue that clerics convicted in a religious court may not be punished again in the King's court. The maxim of "no man ought to be punished twice for the same offence" was in turn based on St Jerome's commentary in AD 391 on the prophet Nahum: ?For God judges not twice for the same offence.? Over the following centuries, legal theorists such as Englishmen Edward Coke and William Blackstone recognized the importance the "double jeopardy" principle. Specific prohibition of multiple trials for the same offense, however, was not enshrined in British law. Only in very special circumstances could a defendant plead prior conviction or acquittal to defeat the prosecution."
Abstract The "double" was a symbolic device commonly used in the nineteenth century. Famous examples include Victor Frankenstein and his monster and Dr. Jekyll and Mr. Hyde. This paper shows that Wilkie Collins used the "double" several times in his fiction. It shows, however, that in "The Dead Hand," Collins used the symbolism of the double in a different way than other nineteenth century authors.
From the Paper "Another way Collins' use of the double in this story contradicts typical nineteenth century use is that Holliday destroys his brother's life unintentionally. This approach is very different from other nineteenth century authors. For example, in Frankenstein, the monster deliberately kills Victor's wife in retaliation for Victor's refusal to create a mate for the monster. In "The Dead Hand." while the narrator and reader soon realize the bitter young man Holliday revived is his brother, Holliday himself does not realize it, nor does he realize the woman he loves was engaged to his brother."
Abstract In this article, the writer discusses that in 'The Double Hook', there are hundreds of instances of women being depicted with the kitchen and with childcare. The writer points out that in many ways, 'The Double Hook' is the direct opposite of 'Street of Riches' in the former book's portrayal of battering and neglect of children. The writer notes that in Roy's book, the family is a haven, and provides a supportive environment, while in 'The Double Hook', the family provides an insecure and repressive environment.
From the Paper "Among the functions of the family are socialization and education of children in social values and norms, along with providing security and meeting the physical and emotional needs of the children. Those functions are met in 'Street of Riches'. What is most outstanding about Roy's book relates to her mother's simultaneously liberal and repressive views of women's roles."
Abstract This paper explores situations based on several authorities in which a person may or may not be tried again for the same crime as determined under the double jeopardy clause of the Constitution. The bases its discussion on three Supreme Court cases regarding double jeopardy. The paper concludes that, although the double jeopardy clause was created to offer protection from three specific types of legal abuse; nevertheless, at various times, the federal government will retry an acquitted defendant simply because there is a strong level of dissatisfaction with the first verdict.
Table of Contents:
In Other Words
Words and More Words
Supreme Court Decisions
Jeffers v. United States
Garrett v. United States Garrett v. United States
United States v. Ursery
From the Paper "At times, Blockburger's rule makes sense. Sometimes, however Blockburger's rule makes far less sense. For example, Amar posits, if a defendant is charged with attempted murder, receives a fair trial and is convicted, afterwards the victim dies from injuries proximately caused by the initial attack, Blockburger's rule would bar a murder trial here. The Supreme Court held in the Diaz case as early as 1912, however that a Blockburger-like test was not be taken seriously in this particular scenario; indicating a second trial should not be barred."
Tags: murder, fifth amendment, due process, blockburger's rule, abuse
Abstract This paper discusses the term 'double bind', first introduced by Gregory Bateson et al in their work entitled, "Towards a Theory of Schizophrenia". The paper explains that a double-bind describes a contradiction of sorts, especially between familial relations, and characteristically communicates a negative tone towards the subject or victim. The paper attempts to offers a more informed perspective on Bateson's double-bind theory in order to provide insight as to how people use language in order to communicate order(s) and tone. The paper uses MLA style footnotes and in-text citation but does not include a works cited page.
From the Paper "A double bind has three basic requirements: a first order (premise 1), a second order (premise 2), and a conclusive tone (conclusion). In the aforementioned example, the premise 1 is "go ahead, criticize me," the premise 2 is "strongly hints," and the conclusion is that "all effective criticism...will be very unwelcome." It should be noted that the second order or the premise 2 does not have to be a verbal command/order, but can be communicated in any sort of linguistic communication (by gestures, tones, and the like). This is the basic formula for a double bind, which is can obviously be seen as a part of daily interaction between people. "
Abstract This paper examines how the literary technique of the double is common when writers wish to express two sides of humanity and how, often, this experience is associated with uncanny circumstances to heighten their effect. Through a review of Edgar Allen Poe's ?William Wilson,? Mary Shelley's "Frankenstein", and E. T. A. Hoffmann's "The Sandman", it shows how these authors utilize the literary technique of the double to express their concerns about the struggles mankind encounters and how the technique can operate on many levels to achieve its effect.
From the Paper "Similarly, "The Sandman" by E. T. A. Hoffmann, elicits uncanny fears with the double life that is created in relation to a living doll. Nathaniel is quite mad for the doll Olympia. His passion and madness can be seen when he explains that the doll ?may appear uncanny to you, cold, prosaic man. Only the poetical mind is sensitive to its like in others!? (Hoffmann). Nathaniel continues to display his obsession with the doll by reciting poetry and claims he does not need to hear her reply. He says, "Words words! The glance of her heavenly eye speaks more than any language here below" (Hoffmann)."
Abstract Doubles (identical counterparts of a character) have been used throughout history, as they are easily related to essentially any audience. Although they are effective in terms of creating a thrilling atmosphere and haunting story, authors can also use them as a means to reveal social truths and probe the depths of the human psyche and its capacity for duality, a theme which can be identified by anyone, provided the right context. This paper describes the various ways in which storytellers use doubles to tell a larger story. Compared here are Edith Wharton, Elizabeth Gaskell, Robert Louis Stevenson (author of "Dr. Jekyll and Mr. Hyde") and the film, "Invasion of the Body Snatchers".
From the Paper "In both Edith Wharton's "Triumph of the Night" and Elizabeth Gaskell's "Poor Clare," the authors address the issue of doubles, but more specifically, those seen in other people. What makes these stories especially unique and disturbing is how the people affected by these horrific atrocities are viewed as such good and admirable characters. In "Poor Clare," for example, Lucy is described as "sweet" and "innocent." She is viewed as being filled with "goodness," aside from "the loathsome demon soul" surrounding her, and although Mr. Lavington, in "Triumph of the Night" is initially described as a bit distant and "intensely negative," he nonetheless clearly cares greatly for his nephew and goes to great lengths to ensure his health and happiness (Gaskell)".
Abstract This paper looks at the elaborate disguises that are used in "The Taming of the Shrew" as well as the double meaning and puns that Shakespeare uses to portray the theme of matrimonial relationships, and the idea that people are not always as they appear.
From the Paper "Shakespeare illustrates his theme by painting a perfect picture of the time in which he wrote. Arranged marriages were common, and many fathers of this period gave their daughters' hand to the man who could best provide for her, as does Baptista with Bianca (Leggatt 47). It was also customary in Elizabethan England for a father to give a dowry to the bridegroom of his daughter, so that she would be financially secure in the event of her husband's death. Hortensio acknowledges this tradition, when he tells Gremio that Petruchio will marry Kate "if her dowry should prove satisfactory" (Leggatt 47). The actual ceremonies of matrimony are also correctly depicted, as are the traditions. When Kate shouts to her father that she will have to dance at her sister's wedding barefoot, her fears are valid. In Elizabethan times when a younger sister married before the elder, the latter was to perform this act to avoid becoming a spinster (Leggatt 48). These minute details transport the reader back to the time in which the play was created."
Tags: mask, comedy, Kate, marriage, double, meaning, pun
This essay compares female characters in the films "Double Indemnity" directed by Billy Wilder and Frank Capra's "Mr. Smith Goes to Washington", women who are at opposite moral extremes, yet are very similar tacticians.
Abstract The writer looks at Clarissa, from "Mr. Smith Goes to Washington", who is a person who reacts to her environment. The paper suggests that she differs greatly from Phyllis of "Double Indemnity" who creates her environment. According to the paper, the women are similar in that they get what they want within these moral systems.
From the Paper "Clarissa is used to the type of activity that Smith is practically bowled over by when he comes to Washington. Like Phyllis, she is jaded by her experience, though Clarissa's feelings seem more clear through the story's exposition and also more morally just. Clarissa sees a purity in Smith and uses that purity to somewhat redeem herself for somewhat buying into the perceived uselessness of the political system. Phyllis uses Neff in the same way, but for her own gain. Clarissa is moved by Smith's intentions and uses that emotion as a catalyst to do something right, not only for Smith, but also to help better a system that she has taken part in and been snowed over by."
