Tuesday, March 17, 2020

Overcoming Writers Block With Freewriting

Overcoming Writer's Block With Freewriting Heres how writing without rules can help us overcome writers block. If the prospect of having to write makes you uneasy, consider how one student has learned to cope with the problem: When I hear the word compose, I go berserk. How can I make something out of nothing? Thats not to imply that I have nothing upstairs, just no special talent for organizing thoughts and putting them down on paper. So instead of composing, I simply jot, jot, jot and scribble, scribble, scribble. Then I try to make sense of it all. This practice of jotting and scribbling is called freewriting- that is, writing without rules. If you find yourself searching for a writing topic, start by jotting down the first thoughts that come to mind, no matter how trivial or disconnected they may appear. If you already have at least a general idea of what you will be writing about, put down your first thoughts on that subject. How to Freewrite For five minutes, write non-stop: dont lift your fingers from the keyboard or your pen from the page. Just keep writing. Dont stop to ponder or make corrections or look up a words meaning in the dictionary. Just keep writing. While you are freewriting, forget the rules of formal English. Because you are writing only for yourself at this point, you dont have to worry about sentence structures, spelling or punctuation, organization or clear connections. (All those things will come later.) If you find yourself stuck for something to say, just keep repeating the last word you have written, or write, Im stuck, Im stuck until a fresh thought emerges. After a few minutes, the results may not look pretty, but you will have started writing. Using Your Freewriting What should you do with your freewriting? Well, eventually youll delete it or toss it away. But first, read it over carefully to see if you can find a keyword or phrase or maybe even a sentence or two that can be developed into a longer piece of writing. Freewriting may not always give you specific material for a future essay, but it will help you get into the right frame of mind for writing. Practicing Freewriting Most people need to practice freewriting several times before theyre able to make it work for them effectively. So be patient. Try freewriting as a regular exercise, perhaps three or four times a week, until you find that you can write without rules comfortably and productively.

Sunday, March 1, 2020

The Insanity Defense in Criminal Cases

The Insanity Defense in Criminal Cases The standard for claiming a defendant is not guilty by reason of insanity has changed through the years from strict guidelines to a more lenient interpretation, and back to a more strict standard again. Although definitions of legal insanity differ from state to state, generally a person is considered insane and is not responsible for criminal conduct if, at the time of the offense, as a result of a severe mental disease or defect, he was unable to appreciate the nature and quality or the wrongfulness of his acts. This reasoning is, because willfull intent is an essential part of most offenses, a person who is insane is not capable of forming such intent. Mental disease or defect does not alone constitute a legal insanity defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence. The history of the insanity defense in modern times comes from the 1843 case of Daniel MNaghten, who tried to assassinate the prime minister of Britain and was found not guilty because he was insane at the time. The public outrage after his acquittal prompted the creation of a strict definition of legal insanity which is known as the MNaghten Rule. The MNaghten Rule basically said a person was not legally insane unless he is incapable of appreciating his surroundings because of a powerful mental delusion. The Durham Standard The Durham standard was a much more lenient guideline for the insanity defense, but it addressed the issue of convicting mentally ill defendants, which was allowed under the MNaghten Rule. However, the Durham standard drew much criticism because of its expansive definition of legal insanity. The Model Penal Code, published by the American Law Institute, provided a standard for legal insanity that was a compromise between the strict MNaghten Rule and the lenient Durham ruling. Under the MPC standard, a defendant is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law. The MPC Standard The MPC standard was popular until 1981, when John Hinckley was found not guilty by reason of insanity under those guidelines for the attempted assassination of President Ronald Reagan. Again, public outrage at Hinckleys acquittal caused lawmakers to pass legislation that reverted back to the strict MNaghten standard, and some states attempted to abolish the insanity defense altogether. Today the standard for proving legal insanity varies widely from state to state, but most jurisdictions have returned to a more strict interpretation of the definition.