America\u27s War on Drugs and Guns: The Detriments of the Possession Standard in the Context of Mandatory Minimum Sentencing

America\u27s War on Drugs has resulted in federal legislation and sentencing guidelines that provide harsh penalties for crimes involving both drugs and guns. In particular, Title 18, Section 924(c)(1)(A) of the United States Code, which applies specifically to guns in the context of drug-related offenses, establishes mandatory punishments, ranging from five years to ten years imprisonment, depending upon the defendant\u27s use or possession of the firearm. Congress amended Section 924 to include the term possession several years after the United States Supreme Court\u27s decision in Bailey v. United States. The United States Supreme Court interpreted the use requirement of Section 924 to mean active employment of a firearm during and in relation to a drug trafficking crime, and not mere possession. Criticism arose immediately after the decision as various Congressmen derided the Supreme Court\u27s blunder for giving undeserved benefits to gun-toting thugs and compromising the Justice Department\u27s war against drugs. In 1998, Congress amended Section 924(c)(1) to include possession of a firearm and represents a watered-down version of the Bailey court\u27s determination of what circumstances implicate the mandatory minimum sentences of the statute. The active employment standard of Bailey should be the prevailing standard for Section 924 cases because it imparts fairness to an already harsh system of sentencing

America\u27s War on Drugs and Guns: The Detriments of the PossessionStandard in the Context of Mandatory Minimum Sentencing

America\u27s War on Drugs has resulted in federal legislation and sentencing guidelines that provide harsh penalties for crimes involving both drugs and guns. In particular, Title 18, Section 924(c)(1)(A) of the United States Code, which applies specifically to guns in the context of drug-related offenses, establishes mandatory punishments, ranging from five years to ten years imprisonment, depending upon the defendant\u27s use or possession of the firearm. Congress amended Section 924 to include the term possession several years after the United States Supreme Court\u27s decision in Bailey v. United States. The United States Supreme Court interpreted the use requirement of Section 924 to mean active employment of a firearm during and in relation to a drug trafficking crime, and not mere possession. Criticism arose immediately after the decision as various Congressmen derided the Supreme Court\u27s blunder for giving undeserved benefits to gun-toting thugs and compromising the Justice Department\u27s war against drugs. In 1998, Congress amended Section 924(c)(1) to include possession of a firearm and represents a watered-down version of the Bailey court\u27s determination of what circumstances implicate the mandatory minimum sentences of the statute. The active employment standard of Bailey should be the prevailing standard for Section 924 cases because it imparts fairness to an already harsh system of sentencing

Determination of erosion factors by the nomograph method and their use in soil-loss prediction on some Tennessee soils

The universal soil-loss prediction equation has served for several years as the guide to sound conservation planning on cropland. Up until now, its use for nonagricultural land has been limited. These limitations were due primarily to the lack of information on the soil erodibility factor values. In the past, these values were obtained through actual soil-loss measurements on only a few representative soils, to which other soils were compared. Undoubtedly, the method had quite a margin of error. Now, the development of the nomograph method has enabled the land user to obtain fast solutions to erodibility equations through computation of the erodibility factor at any given depth on any soil. In order to use the nomograph, one only needs to know five soil parameter values which can be obtained from routine laboratory determina-tions and standard soil profile descriptions. These five soil parameters are: percent silt plus very fine sand; percent sand greater than 0.10 millimeters; organic matter content; structure; and permeability. Once the erodibility factor is determined, it may be combined with five other major factors in the soil-loss prediction equation to predict annual soil loss on any given site. The other factors in the equation evaluate effects of rainfall pattern, slope length, slope steepness and shape, cover and management, and conservation practices on erosion. Forty-four soil series were selected on the basis of their representative physical characteristics, geographical location, and available laboratory data. The K-values calculated for these soils ranged from a low of 0.11 to a high of 0.69. As was anticipated, the soils in West Tennessee, containing more silt and less sand, exhibited the higher erodibility factor values. Also, large amounts of soil organic matter greatly decreased the erodibility factor values. The effects of soil structure and permeability were found to be significant enough to change individual erodibility predictions. After sediment yields were calculated on a portion of these representative soils, recommendations were given which if adopted would greatly reduce the volume of soil being lost by runoff

FACTORS CONTRIBUTING TO LOWER CANCER SCREENING UTILIZATION IN A SUB-SAMPLE OF UNITED WAY 2-1-1 CALLERS

This dissertation was a secondary analysis of data from a Cancer Prevention Research Institute of Texas (CPRIT)-funded [grant # PP100077 & PP120086] cancer-control intervention with The University of Texas Health Science Center at Houston (UTHealth) School of Public Health and United Way 2-1-1. The aims of the three dissertation papers were addressed by examining a sub-sample of 2-1-1 callers that were drawn from the parent study baseline data. Participants were required to need at least once cancer prevention service to be included in the parent study and dissertation analyses. This dissertation was a cross-sectional analysis of de-identified data examining the associations between perceived neighborhood problems and cancer screening, perceived neighborhood problems and cancer fatalism, and perceived discrimination and cancer screening. Paper one examined the association between perceived neighborhood problems and colorectal, cervical and breast cancer screening. Adjusted logistic regression results showed that perceived neighborhood problems were not associated with colorectal cancer screening, cervical screening, or breast cancer screening. However, participants that had either public or private insurance had higher odds of being screened for colorectal cancer, cervical cancer, and breast cancer, compared to participants without insurance. Paper two examined the association between perceived neighborhood problems and cancer fatalism. The results of the multiple regression analysis showed that perceived neighborhood problems were associated with fatalism [R2 = .21, F(11, 556) = 13.09, p \u3c 0.0001]. Paper 3 examined how perceived medical and interpersonal discrimination were independently associated with cancer screening. Adjusted logistic regression showed that perceived medical discrimination was associated with a reduced likelihood of being screened for colorectal cancer screening (OR=0.59; 95% CI 0.31, 0.99), but not cervical or breast cancer screening. Perceived interpersonal discrimination was not associated with colorectal, cervical, and breast screening. Additionally, participants that had insurance had higher odds of being screened for cervical cancer (aOR= 2.33, 95% CI = 1.79, 3.03), and breast cancer (aOR= 5.84, 95% CI = 3.72, 9.17), but not colorectal cancer (aOR= 0.28, 98% CI= 0.14, 0.55). The results of all papers 2 and 3 suggest that perceived neighborhood problems and discrimination are potentially associated with lower utilization of cancer screening services. This finding is important because it provides further evidence that environmental conditions, real or perceived, constrain behavior

Characterization of PET samples processed in an RF oxygen discharge

A radio frequency plasma (13.56 MHz) was used to modify the surface of a poly (ethylene terepthalate) (PET) sample. The plasma was generated in a pure oxygen process atmosphere at pressures of 100 mTorr, and 2.0 Torr at output powers of 250 Watts and 500 Watts. Optical emission spectroscopy (OES) was used to characterize the plasma/sample interaction. Spectra were measured from 250 nm to 900 nm during each of the processing sessions. The spectra showed changes depending upon the pressure of the plasma. Molecules of OH and atomic oxygen were observed at low pressures (100 mTorr), whereas CO and atomic hydrogen were observed at high pressures (2.0 Torr). The sessile drop method was used to determine the relative change in the wettability of the sample surface along a continuum from hydrophobic to hydrophilic. The measured angles were compared to the initial readings (Figure 18) and showed a decrease of 40-50% in contact angle after treatment. There was an observable change in the PET samples after processing; in particular, the surface was visibly degraded

Acute toxicity of the oil dispersant corexit 9500, and fresh and weathered Alaska North Slope crude oil to the Alaskan tanner crab (C. Bairdi), two standard test species, and V. fischeri (MICROTOX Assay)

Thesis (M.S.) University of Alaska Fairbanks, 1999Toxicity assays of the oil dispersant Corexit 9500, and fresh and weathered Alaska North Slope (ANS) crude oil were conducted on Alaskan tanner crab larvae (Chionoecetes bairdi) under cold-region conditions, the reference species, Mysidopsis bahia and Menidia beryllina, and Vibrio fischeri (Microtox bioassay). Acute 96-hour toxicity data for C. bairdi were calculated using the response 'affected' (decreased phototactic response and ability to swim). C. bairdi were most sensitive to non-dispersed weathered oil (EC₅₀=0.4 mg/L), least to dispersant-only solutions (EC₅₀=1,267 mg/L), and were typically more sensitive than the reference species. Dispersant-only solutions were consistently least toxic for all species tested. Dispersed fresh oil was frequently more toxic than non-dispersed oil. Weathered oil data are greatly influenced by aqueous solubilities, indicating non-dispersed weathered oil was most toxic, although those solutions required the highest oil loading (25 g/L). Interpretations of toxicity data are dependent upon expression of solution concentrations

Special education students: Which ones are prepared to receive a high school diploma?

This study sought to determine whether statistically significant differences between students with disabilities who pass and those who fail the Nevada High School Proficiency Examination are accounted for by demographic variables alone, or if they can also be attributed to educational variables. To establish the basis for this study, legislation such as IDEA and Goals 2000 was examined, recent literature was reviewed, and court cases involving testing students with disabilities on standardized and minimum competency tests were studied; The study follows 965 students with disabilities who were in the eleventh grade during the 1998--99 school year through five administrations of the proficiency examination to see which ones passed and which ones failed prior to graduation in June of 1999. Chi-square tests were performed on the demographic and educational variables; The results showed that the variables which were statistically significant included ethnicity, number of high schools attended, cognitive skills index, parents\u27 occupation, number of credits taken, type of courses taken, and proficiency results in previous grades. In addition to the statistical analysis, observations were conducted at four high schools during one testing period, and surveys were sent to high school special education teachers asking their perception of why some students pass and others fail. The majority of teacher respondents thought student motivation and type of classes taken had the greatest influence over who will pass the test, while the nature of the students\u27 disabilities was of little importance in determining who will pass the test; To help understand why these variables are significant further research should be conducted

Ballplayer, an addiction story: a production thesis of a solo performance piece

The thesis assignment was to create a stand-alone solo performance piece of no less than 30 minutes in length. The absence of any further guidelines provided the opportunity to focus on a subject (or subject matter) of my choosing. Researching symptoms and tendencies of addictive personality disorder as a basis for a class-based performance assignment led me to Eric Show, a pitcher who played professional baseball in the 1980s and early 1990s. Eric’s life was both heartbreaking and compelling. This thesis follows the adaptation of a number of stories and interviews about Show into a performance piece that seeks to bring an audience into the daily struggle of a real-life person while posing questions about what can be done to help people who struggle with addiction. Limiting the characters I would play to a select few who had significant impact on Show’s life, rather that portraying Show himself, my goal was to provide many perspectives on one person’s battles with addiction. The performance piece incorporates mixed- and multi-media elements into the performance to further the dramatic action while providing a template for narrative by serving as transitional interludes. Focusing on my work as an actor by limiting costume changes or other distinguishing differences between characters, the challenge was to be very attentive to other distinguishing details. The thesis represents the inspiration, research, evolution, and final performance draft of my solo performance script as a foundation for further expansion of the piece into a full-length performance text

Productivity of Emory and Dewey soils for soybeans

In 1974 a soybean (Glycine max) productivity study was conducted on Emory and Dewey soils in Blount County, Tennessee. The yield data were obtained from soybeans grown alone and soybeans following wheat. These yields were related to pH, available phosphorus, exchangeable potassium, rainfall, percent sand, silt, and clay. When soybeans were grown alone there was a significant difference at the 0.05 level of probability in yields, percent silt, and percent clay between Dewey C3 and the Emory A1 and Dewey B1 soils. When soybeans followed wheat there was also a significant difference in soybean yield and percent clay between Dewey C3 and the Emory A1 and Dewey B1 soils; however, there was a significant difference for silt among all soil mapping units. Available phosphorus, pH, and exchangeable potassium accounted for little of the yield variation as measured by the linear regression analysis. The three independent variables that gave the best stepwise regression model were percent clay, rainfall, and available phosphorus. These three variables account for 63.3 percent of the total variation in yield