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Week 3 (due by Feb 5) -- Reading Discussion
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The reading assignment for this week is as follows:
1) Read Chapter 2: Language in the Rhetoric book
2) Read Franklin D. Roosevelt's First Inaugural Address,
Speeches book pp 221-224
3) Read Franklin D. Roosevelt's War Message, Speeches book
pp 269-270
*DISCUSSION QUESTIONS (10 points, due Wednesday,
February 5 by 11:59pm)
1) Use the theory of linguistic relativity to analyze Roosevelt’s
first inaugural address.
2) Using Roosevelt’s “War Message,” explain how language is
used as symbolic action.
3) Compare and contrast the two speeches using the terms of the
chapter. How are they similar? How are they different?
Bottom of Form
Running head: CRIMINAL JUSTICE Case Comparisons Tommy
K. Bush Sr. Troy University CJ 2241 February 4, 2014
Introduction Criminal law generally refers to State and Federal
laws which make certain that make certain behavior illegal and
therefore punishable by either fines and/or imprisonment
(Schopp, Weiner, Bornstein & Willborn, 2010). Criminal cases
therefore, are charges which are followed by prosecutors for
violations of criminal statutes. It is paramount that the law is
always upheld in order not to compromise the legal system and
also not to violate the rights of the perpetrator (Carmen, Ritter
& Witt, 2008). In this particular instance, we are going to
compare two cases which may have possibly infringed the 8th
Amendment which awards every person to free from cruel and
unusual punishment (Bourke & Loeb, 2008). Discussion
Comparing the Hudson v. McMillian (90-6531) case and the
Kennedy v. Louisiana (07- 343) case, it is quite obvious that in
both, the rights of the inmate Mr. Keith Hudson and defendant,
Mr. Patrick Kennedy’s 8th Amendment rights were violated
(Schopp, et al, 2010). Mr. 4Hudson claimed that he was beaten
by two Prison Guards namely, Marvin Woods and Jack
McMillian as their supervisor, Mr. Arthur Mezo watched
(Carmen, et al, 2008). On the other hand, a Louisiana Jury
established that Mr. 1Patrick Kennedy was guilty of aggravated
rape of his 8 year old step-daughter under the Louisiana
aggravated rape statute (Bourke & Loeb, 2008). Facts In the
Hudson and McMillian case, 2the District Court ruled that the
Prison guards had definitely applied excessive force when there
was no actual need to do so, therefore violating the 8th
Amendment (Schopp, et al, 2010). This subsequently entitled
Hudson 10to damages. The 5th Circuit Court of Appeals
however reversed the ruling citing that an inmate ought to lay
bare ‘significant injury’ while claiming that his 8th Amendment
rights have in one way or the other been violated due to the use
of excessive force (Carmen, et al, 2008). On the other hand, the
Kennedy v. Louisiana 8case, in a 2003 jury, the District Court
established that Mr. Patrick Kennedy was guilty of the 1998
rape of his step-daughter who was 8 years old then; in line with
the recommendation of the jury, Mr. Kennedy was sentenced to
death by the court (Bourke & Loeb, 2008). Mr. Kennedy was
charged with aggravated rape of a child by the State, this was
according to the Louisiana 1capital rape statute ‘R.S. 14:42 D.
(2)’(Schopp, et al, 2010). 9This statute made availed the death
penalty for the defendants who raped minors under the age of
twelve, moreover, it was at the time of Kennedy’s trial
(Carmen, et al, 2008). 1Kennedy appealed his sentence and
conviction to the Louisiana Supreme Court among his other 69
allegations of error in which he claimed that his death sentence
had violated the 8th Amendment’s proscription against cruel
and unusual punishment (Bourke & Loeb, 2008). This was due
to the fact that 1it was a disproportionate penalty for a crime
which did not necessarily upshot in the loss of life. It should be
noted that in its 1977 verdict, Cocker vs. Georgia, the US
5Supreme Court struck down a death sentence for the rape of a
16 year old minor due to the 8th Amendment grounds (Schopp,
et al, 2010). Issue The issue in the first case was that is it a
mandatory that an who alleges that his 8th Amendment right has
been violated to show ‘significant injury’ in order to prevail his
claim and subsequently be free from cruel and unusual
punishment? (Carmen, et al, 2008). Whereas, the second case
beckons to clarify whether it is cruel and unusual punishment to
sentence someone 1to death exclusively for the rape of a child
and whether the Louisiana capital rape law violates the 8th
Amendment by falling short to provide sufficient narrowing
guidance to juries in regard to who among those found guilty of
this particular crime should be entitled for the death penalty
(Bourke & Loeb, 2008). Holding In the first case, 2the Supreme
Court held that the extent of injury suffered any inmate is one
of several aspects in an 8th Amendment claim,2but that the
dearth of significant injury does not necessarily mean that his
rights have not been violated (Schopp, et al, 2010). 2The court
should therefore consider of the inflicted punishment was
sadistic and malicious (Carmen, et al, 2008). In the second case,
Louisiana held 1that as the court’s prior jurisprudence was
rather silent on capital rape, its sovereign judgment in this
particular case would have legitimately led to a finding that
capital rape was unconstitutional (Bourke & Loeb, 2008). The
court also highlighted 1the fact that two in five capital rape
cases returned death sentences. Reasoning The reasoning behind
the first case was that if and 2when prison officials sadistically
and maliciously use excessive force to cause harm, modern
standards of decency are often violated, one way or the other
(Schopp, et al, 2010). Finally, in the second case, the court also
emphasized the lifetime impact of sexual abuse, furthermore,
citing that psychological and physical 1disorder rates among
victims with a link between severe abuse and significant long
term harm (Carmen, et al, 2008). Case Significance The 8th
Amendment is significant in both cases in the sense that cruel
and unusual punishment should not be subjected upon any
individual be it innocent or guilty, and as we have clearly seen,
even convicted inmates are protected under this. Conclusion As
we have discussed above, the 8th Amendment which prohibits
the use of cruel and unusual punishment to anybody in custody
is very paramount, and thus should be respected by any
individual in the United States of America. References
11Bourke, V., & Loeb, E. (2008). Kennedy v. Louisiana (07-
343). Retrieved on January 5th, 2014 from
12http://www.law.cornell.edu/supct/cert/07-3436Carmen, R. V.,
Ritter, S. E., & Witt, B. A. (2010). Briefs of Leading Cases in
Corrections. Boston: Elsevier. Schopp, R., Weiner, 3R. L.,
Bornstein, B. H., & Willborn, S. L. (2008). Mental Disorder and
Criminal Law: Responsibility, Punishment and Competence.
New York: Springer.71 CRIMINAL JUSTICE 2 CRIMINAL
JUSTICE 3 CRIMINAL JUSTICE 4 CRIMINAL JUSTICE 5
CRIMINAL JUSTICE 6
Running head: CRIMINAL JUSTICE 1
CRIMINAL JUSTICE 6
Case Comparisons
Tommy K. Bush Sr.
Troy University
CJ 2241
February 4, 2014
Introduction
Criminal law generally refers to State and Federal laws which
make certain that make certain behavior illegal and therefore
punishable by either fines and/or imprisonment (Schopp,
Weiner, Bornstein & Willborn, 2010). Criminal cases therefore,
are charges which are followed by prosecutors for violations of
criminal statutes. It is paramount that the law is always upheld
in order not to compromise the legal system and also not to
violate the rights of the perpetrator (Carmen, Ritter & Witt,
2008). In this particular instance, we are going to compare two
cases which may have possibly infringed the 8th Amendment
which awards every person to free from cruel and unusual
punishment (Bourke & Loeb, 2008).
Discussion
Comparing the Hudson v. McMillian (90-6531) case and the
Kennedy v. Louisiana (07-343) case, it is quite obvious that in
both, the rights of the inmate Mr. Keith Hudson and defendant,
Mr. Patrick Kennedy’s 8th Amendment rights were violated
(Schopp, et al, 2010). Mr. Hudson claimed that he was beaten
by two Prison Guards namely, Marvin Woods and Jack
McMillian as their supervisor, Mr. Arthur Mezo watched
(Carmen, et al, 2008). On the other hand, a Louisiana Jury
established that Mr. Patrick Kennedy was guilty of aggravated
rape of his 8 year old step-daughter under the Louisiana
aggravated rape statute (Bourke & Loeb, 2008).
Facts
In the Hudson and McMillian case, the District Court ruled that
the Prison guards had definitely applied excessive force when
there was no actual need to do so, therefore violating the 8th
Amendment (Schopp, et al, 2010). This subsequently entitled
Hudson to damages. The 5th Circuit Court of Appeals however
reversed the ruling citing that an inmate ought to lay bare
‘significant injury’ while claiming that his 8th Amendment
rights have in one way or the other been violated due to the use
of excessive force (Carmen, et al, 2008).
On the other hand, the Kennedy v. Louisiana case, in a 2003
jury, the District Court established that Mr. Patrick Kennedy
was guilty of the 1998 rape of his step-daughter who was 8
years old then; in line with the recommendation of the jury, Mr.
Kennedy was sentenced to death by the court (Bourke & Loeb,
2008). Mr. Kennedy was charged with aggravated rape of a
child by the State, this was according to the Louisiana capital
rape statute ‘R.S. 14:42 D. (2)’ (Schopp, et al, 2010). This
statute made availed the death penalty for the defendants who
raped minors under the age of twelve, moreover, it was at the
time of Kennedy’s trial (Carmen, et al, 2008).
Kennedy appealed his sentence and conviction to the Louisiana
Supreme Court among his other 69 allegations of error in which
he claimed that his death sentence had violated the 8th
Amendment’s proscription against cruel and unusual
punishment (Bourke & Loeb, 2008). This was due to the fact
that it was a disproportionate penalty for a crime which did not
necessarily upshot in the loss of life. It should be noted that in
its 1977 verdict, Cocker vs. Georgia, the US Supreme Court
struck down a death sentence for the rape of a 16 year old minor
due to the 8th Amendment grounds (Schopp, et al, 2010).
Issue
The issue in the first case was that is it a mandatory that an who
alleges that his 8th Amendment right has been violated to show
‘significant injury’ in order to prevail his claim and
subsequently be free from cruel and unusual punishment?
(Carmen, et al, 2008). Whereas, the second case beckons to
clarify whether it is cruel and unusual punishment to sentence
someone to death exclusively for the rape of a child and
whether the Louisiana capital rape law violates the 8th
Amendment by falling short to provide sufficient narrowing
guidance to juries in regard to who among those found guilty of
this particular crime should be entitled for the death penalty
(Bourke & Loeb, 2008).
Holding
In the first case, the Supreme Court held that the extent of
injury suffered any inmate is one of several aspects in an 8th
Amendment claim, but that the dearth of significant injury does
not necessarily mean that his rights have not been violated
(Schopp, et al, 2010). The court should therefore consider of the
inflicted punishment was sadistic and malicious (Carmen, et al,
2008). In the second case, Louisiana held that as the court’s
prior jurisprudence was rather silent on capital rape, its
sovereign judgment in this particular case would have
legitimately led to a finding that capital rape was
unconstitutional (Bourke & Loeb, 2008). The court also
highlighted the fact that two in five capital rape cases returned
death sentences.
Reasoning
The reasoning behind the first case was that if and when prison
officials sadistically and maliciously use excessive force to
cause harm, modern standards of decency are often violated,
one way or the other (Schopp, et al, 2010). Finally, in the
second case, the court also emphasized the lifetime impact of
sexual abuse, furthermore, citing that psychological and
physical disorder rates among victims with a link between
severe abuse and significant long term harm (Carmen, et al,
2008).
Case Significance
The 8th Amendment is significant in both cases in the sense that
cruel and unusual punishment should not be subjected upon any
individual be it innocent or guilty, and as we have clearly seen,
even convicted inmates are protected under this.
Conclusion
As we have discussed above, the 8th Amendment which
prohibits the use of cruel and unusual punishment to anybody in
custody is very paramount, and thus should be respected by any
individual in the United States of America.
References
Bourke, V., & Loeb, E. (2008). Kennedy v. Louisiana (07-343).
Retrieved on January 5th, 2014 from
http://www.law.cornell.edu/supct/cert/07-343
Carmen, R. V., Ritter, S. E., & Witt, B. A. (2010). Briefs of
Leading Cases in Corrections. Boston: Elsevier.
Schopp, R., Weiner, R. L., Bornstein, B. H., & Willborn, S. L.
(2008). Mental Disorder and Criminal Law: Responsibility,
Punishment and Competence. New York: Springer.

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ddjdiuhfsdik                                                      ddjdiuhfsdik
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Matthew Bean Instructor Manager Email AuthorWeek 3 (due by F.docx

  • 1. Matthew Bean Instructor Manager Email Author Week 3 (due by Feb 5) -- Reading Discussion Collapse Top of Form The reading assignment for this week is as follows: 1) Read Chapter 2: Language in the Rhetoric book 2) Read Franklin D. Roosevelt's First Inaugural Address, Speeches book pp 221-224 3) Read Franklin D. Roosevelt's War Message, Speeches book pp 269-270 *DISCUSSION QUESTIONS (10 points, due Wednesday, February 5 by 11:59pm) 1) Use the theory of linguistic relativity to analyze Roosevelt’s first inaugural address. 2) Using Roosevelt’s “War Message,” explain how language is used as symbolic action. 3) Compare and contrast the two speeches using the terms of the chapter. How are they similar? How are they different? Bottom of Form Running head: CRIMINAL JUSTICE Case Comparisons Tommy K. Bush Sr. Troy University CJ 2241 February 4, 2014 Introduction Criminal law generally refers to State and Federal laws which make certain that make certain behavior illegal and therefore punishable by either fines and/or imprisonment (Schopp, Weiner, Bornstein & Willborn, 2010). Criminal cases therefore, are charges which are followed by prosecutors for violations of criminal statutes. It is paramount that the law is always upheld in order not to compromise the legal system and also not to violate the rights of the perpetrator (Carmen, Ritter & Witt, 2008). In this particular instance, we are going to
  • 2. compare two cases which may have possibly infringed the 8th Amendment which awards every person to free from cruel and unusual punishment (Bourke & Loeb, 2008). Discussion Comparing the Hudson v. McMillian (90-6531) case and the Kennedy v. Louisiana (07- 343) case, it is quite obvious that in both, the rights of the inmate Mr. Keith Hudson and defendant, Mr. Patrick Kennedy’s 8th Amendment rights were violated (Schopp, et al, 2010). Mr. 4Hudson claimed that he was beaten by two Prison Guards namely, Marvin Woods and Jack McMillian as their supervisor, Mr. Arthur Mezo watched (Carmen, et al, 2008). On the other hand, a Louisiana Jury established that Mr. 1Patrick Kennedy was guilty of aggravated rape of his 8 year old step-daughter under the Louisiana aggravated rape statute (Bourke & Loeb, 2008). Facts In the Hudson and McMillian case, 2the District Court ruled that the Prison guards had definitely applied excessive force when there was no actual need to do so, therefore violating the 8th Amendment (Schopp, et al, 2010). This subsequently entitled Hudson 10to damages. The 5th Circuit Court of Appeals however reversed the ruling citing that an inmate ought to lay bare ‘significant injury’ while claiming that his 8th Amendment rights have in one way or the other been violated due to the use of excessive force (Carmen, et al, 2008). On the other hand, the Kennedy v. Louisiana 8case, in a 2003 jury, the District Court established that Mr. Patrick Kennedy was guilty of the 1998 rape of his step-daughter who was 8 years old then; in line with the recommendation of the jury, Mr. Kennedy was sentenced to death by the court (Bourke & Loeb, 2008). Mr. Kennedy was charged with aggravated rape of a child by the State, this was according to the Louisiana 1capital rape statute ‘R.S. 14:42 D. (2)’(Schopp, et al, 2010). 9This statute made availed the death penalty for the defendants who raped minors under the age of twelve, moreover, it was at the time of Kennedy’s trial (Carmen, et al, 2008). 1Kennedy appealed his sentence and conviction to the Louisiana Supreme Court among his other 69 allegations of error in which he claimed that his death sentence
  • 3. had violated the 8th Amendment’s proscription against cruel and unusual punishment (Bourke & Loeb, 2008). This was due to the fact that 1it was a disproportionate penalty for a crime which did not necessarily upshot in the loss of life. It should be noted that in its 1977 verdict, Cocker vs. Georgia, the US 5Supreme Court struck down a death sentence for the rape of a 16 year old minor due to the 8th Amendment grounds (Schopp, et al, 2010). Issue The issue in the first case was that is it a mandatory that an who alleges that his 8th Amendment right has been violated to show ‘significant injury’ in order to prevail his claim and subsequently be free from cruel and unusual punishment? (Carmen, et al, 2008). Whereas, the second case beckons to clarify whether it is cruel and unusual punishment to sentence someone 1to death exclusively for the rape of a child and whether the Louisiana capital rape law violates the 8th Amendment by falling short to provide sufficient narrowing guidance to juries in regard to who among those found guilty of this particular crime should be entitled for the death penalty (Bourke & Loeb, 2008). Holding In the first case, 2the Supreme Court held that the extent of injury suffered any inmate is one of several aspects in an 8th Amendment claim,2but that the dearth of significant injury does not necessarily mean that his rights have not been violated (Schopp, et al, 2010). 2The court should therefore consider of the inflicted punishment was sadistic and malicious (Carmen, et al, 2008). In the second case, Louisiana held 1that as the court’s prior jurisprudence was rather silent on capital rape, its sovereign judgment in this particular case would have legitimately led to a finding that capital rape was unconstitutional (Bourke & Loeb, 2008). The court also highlighted 1the fact that two in five capital rape cases returned death sentences. Reasoning The reasoning behind the first case was that if and 2when prison officials sadistically and maliciously use excessive force to cause harm, modern standards of decency are often violated, one way or the other (Schopp, et al, 2010). Finally, in the second case, the court also emphasized the lifetime impact of sexual abuse, furthermore,
  • 4. citing that psychological and physical 1disorder rates among victims with a link between severe abuse and significant long term harm (Carmen, et al, 2008). Case Significance The 8th Amendment is significant in both cases in the sense that cruel and unusual punishment should not be subjected upon any individual be it innocent or guilty, and as we have clearly seen, even convicted inmates are protected under this. Conclusion As we have discussed above, the 8th Amendment which prohibits the use of cruel and unusual punishment to anybody in custody is very paramount, and thus should be respected by any individual in the United States of America. References 11Bourke, V., & Loeb, E. (2008). Kennedy v. Louisiana (07- 343). Retrieved on January 5th, 2014 from 12http://www.law.cornell.edu/supct/cert/07-3436Carmen, R. V., Ritter, S. E., & Witt, B. A. (2010). Briefs of Leading Cases in Corrections. Boston: Elsevier. Schopp, R., Weiner, 3R. L., Bornstein, B. H., & Willborn, S. L. (2008). Mental Disorder and Criminal Law: Responsibility, Punishment and Competence. New York: Springer.71 CRIMINAL JUSTICE 2 CRIMINAL JUSTICE 3 CRIMINAL JUSTICE 4 CRIMINAL JUSTICE 5 CRIMINAL JUSTICE 6 Running head: CRIMINAL JUSTICE 1 CRIMINAL JUSTICE 6 Case Comparisons
  • 5. Tommy K. Bush Sr. Troy University CJ 2241 February 4, 2014 Introduction Criminal law generally refers to State and Federal laws which make certain that make certain behavior illegal and therefore punishable by either fines and/or imprisonment (Schopp, Weiner, Bornstein & Willborn, 2010). Criminal cases therefore, are charges which are followed by prosecutors for violations of criminal statutes. It is paramount that the law is always upheld in order not to compromise the legal system and also not to violate the rights of the perpetrator (Carmen, Ritter & Witt, 2008). In this particular instance, we are going to compare two cases which may have possibly infringed the 8th Amendment which awards every person to free from cruel and unusual punishment (Bourke & Loeb, 2008). Discussion Comparing the Hudson v. McMillian (90-6531) case and the Kennedy v. Louisiana (07-343) case, it is quite obvious that in both, the rights of the inmate Mr. Keith Hudson and defendant, Mr. Patrick Kennedy’s 8th Amendment rights were violated (Schopp, et al, 2010). Mr. Hudson claimed that he was beaten by two Prison Guards namely, Marvin Woods and Jack McMillian as their supervisor, Mr. Arthur Mezo watched (Carmen, et al, 2008). On the other hand, a Louisiana Jury established that Mr. Patrick Kennedy was guilty of aggravated rape of his 8 year old step-daughter under the Louisiana aggravated rape statute (Bourke & Loeb, 2008). Facts In the Hudson and McMillian case, the District Court ruled that the Prison guards had definitely applied excessive force when there was no actual need to do so, therefore violating the 8th Amendment (Schopp, et al, 2010). This subsequently entitled
  • 6. Hudson to damages. The 5th Circuit Court of Appeals however reversed the ruling citing that an inmate ought to lay bare ‘significant injury’ while claiming that his 8th Amendment rights have in one way or the other been violated due to the use of excessive force (Carmen, et al, 2008). On the other hand, the Kennedy v. Louisiana case, in a 2003 jury, the District Court established that Mr. Patrick Kennedy was guilty of the 1998 rape of his step-daughter who was 8 years old then; in line with the recommendation of the jury, Mr. Kennedy was sentenced to death by the court (Bourke & Loeb, 2008). Mr. Kennedy was charged with aggravated rape of a child by the State, this was according to the Louisiana capital rape statute ‘R.S. 14:42 D. (2)’ (Schopp, et al, 2010). This statute made availed the death penalty for the defendants who raped minors under the age of twelve, moreover, it was at the time of Kennedy’s trial (Carmen, et al, 2008). Kennedy appealed his sentence and conviction to the Louisiana Supreme Court among his other 69 allegations of error in which he claimed that his death sentence had violated the 8th Amendment’s proscription against cruel and unusual punishment (Bourke & Loeb, 2008). This was due to the fact that it was a disproportionate penalty for a crime which did not necessarily upshot in the loss of life. It should be noted that in its 1977 verdict, Cocker vs. Georgia, the US Supreme Court struck down a death sentence for the rape of a 16 year old minor due to the 8th Amendment grounds (Schopp, et al, 2010). Issue The issue in the first case was that is it a mandatory that an who alleges that his 8th Amendment right has been violated to show ‘significant injury’ in order to prevail his claim and subsequently be free from cruel and unusual punishment? (Carmen, et al, 2008). Whereas, the second case beckons to clarify whether it is cruel and unusual punishment to sentence someone to death exclusively for the rape of a child and whether the Louisiana capital rape law violates the 8th Amendment by falling short to provide sufficient narrowing
  • 7. guidance to juries in regard to who among those found guilty of this particular crime should be entitled for the death penalty (Bourke & Loeb, 2008). Holding In the first case, the Supreme Court held that the extent of injury suffered any inmate is one of several aspects in an 8th Amendment claim, but that the dearth of significant injury does not necessarily mean that his rights have not been violated (Schopp, et al, 2010). The court should therefore consider of the inflicted punishment was sadistic and malicious (Carmen, et al, 2008). In the second case, Louisiana held that as the court’s prior jurisprudence was rather silent on capital rape, its sovereign judgment in this particular case would have legitimately led to a finding that capital rape was unconstitutional (Bourke & Loeb, 2008). The court also highlighted the fact that two in five capital rape cases returned death sentences. Reasoning The reasoning behind the first case was that if and when prison officials sadistically and maliciously use excessive force to cause harm, modern standards of decency are often violated, one way or the other (Schopp, et al, 2010). Finally, in the second case, the court also emphasized the lifetime impact of sexual abuse, furthermore, citing that psychological and physical disorder rates among victims with a link between severe abuse and significant long term harm (Carmen, et al, 2008). Case Significance The 8th Amendment is significant in both cases in the sense that cruel and unusual punishment should not be subjected upon any individual be it innocent or guilty, and as we have clearly seen, even convicted inmates are protected under this. Conclusion As we have discussed above, the 8th Amendment which prohibits the use of cruel and unusual punishment to anybody in
  • 8. custody is very paramount, and thus should be respected by any individual in the United States of America. References Bourke, V., & Loeb, E. (2008). Kennedy v. Louisiana (07-343). Retrieved on January 5th, 2014 from http://www.law.cornell.edu/supct/cert/07-343 Carmen, R. V., Ritter, S. E., & Witt, B. A. (2010). Briefs of Leading Cases in Corrections. Boston: Elsevier. Schopp, R., Weiner, R. L., Bornstein, B. H., & Willborn, S. L. (2008). Mental Disorder and Criminal Law: Responsibility, Punishment and Competence. New York: Springer.