University of Kansas Mod 13 Art and Criminal Justice Questions Response

University of Kansas

Question Description

I’m studying for my Law class and don’t understand how to answer this. Can you help me study?

Part 1

Use this space to discuss the question at the top of the attached article.

(File Attached Below)

Part 2

Wisconsin v. Mitchell(1993).

On the October 7, 1989, a group of young black men and boys, including Mitchell, gathered at an apartment complex in Kenosha, Wisconsin. Several members of the group discussed a scene from the motion picture "Mississippi Burning," in which a white man beat a young black boy who was praying. The group moved outside and Mitchell asked them: " `Do you all feel hyped up to move on some white people?' ". Shortly thereafter, a young white boy approached the group on the opposite side of the street where they were standing. As the boy walked by, Mitchell said: " `You all want to fuck somebody up? There goes a white boy; go get him.' Mitchell counted to three and pointed in the boy's direction. The group ran towards the boy, beat him severely, and stole his tennis shoes. The boy was rendered unconscious and remained in a coma for four days.

Mitchell was convicted of aggravated battery. That offense ordinarily carries a maximum sentence of two years imprisonment, but because the jury found that Mitchell had intentionally selected his victim because of the boy's race, the maximum sentence for Mitchell's offense was increased to seven years. Wisconsin law enhances the maximum penalty for an offense whenever the defendant intentionally selects the person against whom the crime is committed because of the race, religion, color, disability, sexual orientation, national origin or ancestry of that person.

Mitchell appealed his enhanced prison time, arguing that he has a constitutional right to express his view point on other races even when those views are bigoted. The enhanced penalty is based on his speech and thus unconstitutional. The state argued the enhanced penalty was for Mitchell's conduct, not speech or views on other races. The Wisconsin Appeals court ruled in favor of the prosecution, however the Wisconsin Supreme Court found the enhancement was unconstitutional, and ordered the enhanced sentence be reversed. The State of Wisconsin appealed the decision to the United States Supreme Court.

Module 13 Discussion

1. As a Justice on the United States Supreme Court would you affirm the Wisconsin Supreme Court ruling or reverse and declare additional prison time for a hate based battery constitutional? Why or why not, explain your answer.

2. Do you think additional jail/prison time is justified for crimes based solely on the dislike of others? What do you believe society is declaring by such enhancements?

Part 3

You Be the Law Enforcement Officer

You are a newly hired law enforcement officer starting out in the file room. You have been given five case files. To properly file them, first read over the facts of each case, determine which crime has been committed, determine whether the crime is a misdemeanor or felony, and explain why.

  1. The defendant was on a date with the victim. After a few drinks, the victim became extremely intoxicated, and the defendant had to have help from others carrying him to her vehicle. The defendant thereafter drove to a secluded area where she had sexual intercourse with the victim. The victim was semi-conscious and did not discover the act of sexual intercourse until three months later when the defendant told him she was pregnant. Which crime has been committed? Is the crime a misdemeanor or a felony?

  1. The defendant, a security guard, forced the victim, a shopper in the store, to kiss him by threatening to falsely arrest her for shoplifting if she refused. Which crime is this? Is this a misdemeanor or a felony?
  1. The defendant chased the victim with a knife for two miles. After the defendant was arrested, law enforcement determined that the “knife” was made of rubber and could not cause injury. Which crime has been committed? Is the crime a misdemeanor or a felony?
  1. The defendant grabbed a law enforcement officer’s gun and pointed it at him while the law enforcement officer was having coffee in a local restaurant. Which crime has been committed? Is the crime a misdemeanor or a felony?
  1. The defendant, a jilted lover, picked up her ex-boyfriend’s child from school and took her to an amusement park where they spent the afternoon going on rides and eating junk food. No harm came to the child. Which crime has been committed? Is the crime a misdemeanor or a felony?
  • Grading: Your responses should be maximum of 150 words (each question), double-spaced, with the proper use of grammar, English usage, and well-developed critical though in your response. You must cite any sources used in your response, including your textbook.
  • You must prepare your answers as a Word Document and upload your paper.

Unformatted Attachment Preview

What is the most surprising thing you learned about post Cultural Revolution Chinese painting by reading the following article from the NYTs? Shanghai Art Museum Revolutionary Ink: The Paintings of Wu Guanzhong This show at Asia Society offers late landscapes by a Chinese master. Above, "A Fishing Harbor (III)," from 1997. -------------------------------------------------------------------------------July 19, 2012 Rendering Chinese Landscapes With Hints of the West By KAREN ROSENBERG “Oil paint and ink are two blades of the same pair of scissors,” the Chinese painter Wu Guanzhong once wrote. In a survey of his late work, “Revolutionary Ink: The Paintings of Wu Guanzhong,” at Asia Society, you can see how deftly he wielded a single, razor-sharp edge. The works in the exhibition, organized in collaboration with the Shanghai Art Museum, are all ink paintings and drawings. They date from the mid-1970s through 2004 — a time of reinvention for Wu (1919-2010), whose midcareer years coincided with a particularly difficult period for Chinese artists. During the Cultural Revolution, Social Realism was the only accepted style, and Wu’s formalist inclinations and Western education (he had studied in Paris in the late 1940s) were suspect. Knowing this, he destroyed most of his work — decades’ worth of oil paintings — before the Red Guards could get to them. It didn’t help; he was sent to a rural labor camp, separated from his family and, for two years, forbidden to paint, write or teach. He worked when he could, sometimes with a manure basket for an easel. Then, as the Cultural Revolution eased in the early ’70s, he re-emerged. Government commissions arrived, along with invitations to exhibit. The climate was once again safe for Western-influenced oil painting — even the gestural, expressive kind. But Wu, bucking the trend, chose to work in the more traditional Chinese medium of ink. And he stuck with at least one of the conventional themes of Chinese art, turning out landscapes that evoke those of masters like Guo Xi, Daoji and Wu Zhen. (Adriana Proser’s catalog essay, “Wu Guanzhong and the Tradition of Chinese Landscape Painting,” is helpful here.) Even when he is painting a nontraditional subject like the Grand Canyon, Wu’s use of line and wash establishes continuity with historical Chinese painting. In places, though — and especially in his very late, most abstract work — his Western studies and oilpainting background show through. His exuberant mural “The Hua Mountains at Sunset” (1997), which opens the exhibition, bristles with Abstract Expressionist brio. Its snaking black lines and clustered dots look like Pollock-esque drips, even though they are actually the trails and resting points of a brush making full contact with paper. Wu’s use of color, too, breaks with his national heritage in being defiantly nonreferential. He showers his landscapes with festive, confettilike splotches of pink, green and purple, which stand apart from his more descriptive lines and sometimes, as in “Lion Woods” (1983), overtake them. Wu’s treatments of architecture are just as experimental in ways that may not be obvious to the Western eye. As the exhibition’s co-curator Melissa Chiu (also Asia Society’s director) notes, buildings in traditional Chinese paintings are often blips in vast landscapes; in Wu’s compositions they become central. “A Quadrangular Yard” (1999), painted from an overhead perspective, frames its subject with wide black brush strokes; a small bird pecking at the ground is the only clue as to scale. At the same time, the types of dwellings featured in these works — often family compounds — allude to China’s past. Sometimes they are frankly historical, as in the city view “Chongqing of the Old Times” (1997). You won’t find paintings of skyscrapers here, though this may be more of an aesthetic choice than a nostalgic one. “Nowadays, cities all over the world are just a forest of tall buildings; there is practically no room left for curves to freely twist and bend,” Wu once said. There’s plenty of room for movement in his wild abstractions of the 1990s, although Asia Society has penned them into a small gallery. This strange installation does, at least, draw you closer into the chaotic spaces of the paintings. Here mural-size fields of all-over brushwork are given brooding titles — “Alienation”; “Nothingness as Thingness and Thingness as Nothingness”; “Gone With the Wind” — that suggest a return to the existentialism of 1940s Paris. Yet these are Wu’s most playful paintings. Some lines fizz and crackle, others clot and congeal. Ink is made to look like oil, and also enamel, gouache and collage. Pollock hovers over these enormous sheets of rice paper, but so do Brice Marden, Jean Dubuffet and even Monet. You can see in “Revolutionary Ink” why Wu is the sort of artist the Chinese government is eager to celebrate and export. He comes across as a seamless integrator of ancient values and modern visual trends. He suffered through the Cultural Revolution but is not openly political. His interest in Western art is primarily formal, to judge from this presentation. But as an artist who prefers the unflashy medium of ink on paper, he may need the institutional support. As he wrote, “Not a few Westerners consider that Chinese painting on paper has no future.” And certainly there is much to appreciate in Wu’s sprightly way with ink, which will make many committed oil painters feel as if they are missing out. ...
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Final Answer




Art and Criminal Justice



Part 1
The most surprising thing that I learn about post Cultural Revolution Chinese painting is
that social realism was the only accepted style during the Cultural Revolution and that Wu was
molested and forbidden to do his paintings and writings. His use of line and wash is also extra
ordinary even as the Cultural Revolution eased in the early 70s. Wu’s uniqueness is extra
ordinary as he still stands out among the local and emerging art painters. Surprisingly in the end,
the Chinese government is eager and celebrate Wu for...


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