R. v. MacIsaac, 2015 ONCA 587 Her Majesty the Queen (R.) and Gordon MacIsaac (Apl.) FACTS The appellant (Apl.) and the complainant (Compl.) were both members of senior men’s “no-contact” hockey league, but belonged to different teams. On the day in question, these teams were facing off against each other with the Compl.…
In the story, one concept that parallels the theme was the good and evil that coexists amongst humans. During Tom Robinson’s trial, Jem and Scout both see the court case and witness Tom’s wrongful conviction of rape. Tom Robinson was a good-hearted and innocent man, but the evil prejudice and hatred inside of Bob Ewell makes Tom become wrongfully convicted. This leads to Tom’s panicking and he later attempts to escape from authorities and he gets shot and killed. In a similar way, Boo Radley, despite what the local rumors say, is a good person that did not want to cause harm.…
The United States adopted the English Common Law and court structure in the early day there were quarter sessions courts and surrogate courts. America was a frontier country, and each colony adapted differently. This all changed during the Constitutional Convention the decision was the separate the federal court and the state court known as the dual court system. Even in today’s society, we are under that same dual court system. A parallel system of criminal justice was formed with this.…
Discuss the dual court system in the United States, and the structure of the federal court system, and your home state court system. The structure of the American court system has been viewed as complex and confusing as federal and state courts differ in jurisdiction, and types of cases that can be handled at the many different levels. The Supreme Court is the ultimate decision maker in cases that has been appealed regarding decisions made at the lower level of federal and state Supreme Courts. The dual court system operates within the boundaries of the state and federal court systems.…
There are only two states in the U. S. with a bifurcated courts system, which means two separate high courts, one for civil matters and one for criminal appeals. In the state of Texas, there is the Texas Supreme Court and the Texas Court of Criminal Appeals. In this paper, it will be explained why these two courts are in place, what role they play in the courts system, and what service they provide. The Texas Supreme Court is in place in order to have the last word over civil matters arising from the lower courts in the state of Texas.…
One of the cornerstones of the foundation of this country is the right to a trial by jury as prescribed in the Constitution. This right is granted even during times of war and dictated by Gen. Order No100 which was created in 1863. The murder of over 70 men in retaliation killings ordered by the Union commander of Kentucky, Gen. Stephen G. Burbridge was a complete breach of justice system as prescribed by these laws. The men publicly executed in Kentucky got none of the rights guaranteed to them by law. The justice system in our country allows it citizens to a trial as the constitution states in Article III Section.…
The Fifth Amendment has been around for almost 230 years, and states that people can not be tried more than once for the same crime. Having a second trial can have many downsides such as, expenses, reduced quality, people biased because of a retrial, and personal heartbreak. Double jeopardy should be changed to Triple Jeopardy because finding new evidence, having new opinions, and bringing people long awaited justice can make the difference of a lifetime. Finding new evidence against a defendant is a great reason to have a second trial.…
The aspect of the court proceeding I will go into further detail, is sentencing. When Jodi Arias was mistrialed and then trialed again and found guilty of first degree murder one last step needed to be made. To find out if she will be sentenced to death or live in prison the rest of her life without any parole. As we have learned in our previous discussions, getting put on death row is a process. Not only is it a process but a very slow process.…
When the Jury see’s a rapist on the stand versus a person who committed murder, they might think, “the murderer deserves more time than that, and the rapist should die”. Some may see it as, “the murderer needs to die now not be…
The play Twelve Angry Men by Reginald Rose should be read in schools. The play takes place during the 1950s, and is about a jury comprised of white males. In the trial, the defendant, a teenage boy, is on trial for murdering his father after he claims his father abused him. Like everyone, all the jurors have some prejudices about the defendant and opinions of the case before they begin to deliberate. While these twelve men try to reach a unanimous decision, some jurors are unwilling to change their opinions that are based on their prejudices against the defendant, and others are easily persuaded agree to either side of the argument.…
Abolishing the Plea Bargaining System 97 percent of federal cases and 94 percent of state cases end in plea bargains, with defendants pleading guilty in exchange for a lesser sentence (Goode, 2012). A plea bargain is an arrangement that happens between a prosecutor and the defendant in a criminal case. The prosecutor gives the defendant the opportunity to plead guilty to their charge or a lesser charge in order to avoid trial and the possibility of receiving the maximum sentence. While it would seem that plea bargains are equally beneficial to both prosecutors and defendants, plea bargains are overwhelmingly beneficial to the prosecutor and it is the defendant who ultimately can be harmed by plea bargaining. Plea bargaining should be banned because it bargaining circumvents the Constitutional rights for defendants, leads to shortcuts in the judicial system and can lead to increased convictions of the innocent.…
Jury Nullification To condemn a person for an act that he or she did that broke the law is hard to decide. The jury is there to assist so the decision of the case does not depend solely on the judge. A jury consists of usually twelve people. They are there to come up with a verdict based on the evidence presented to them at court.…
Nathanson outlines two main stages of capital punishment, these being equality retributivism and proportional…
Juror Number Eight In Reginald Rose’s Twelve Angry Men, Juror Number Eight brings his own unique perspective to the drama. His participation leads to the jury making its final decision. Juror Number Eight is a strong and compassionate man. He stands for what he believes in even if that means that he is standing alone.…
This spurs others to at least reconsider their verdict. Afterward, votes are changed as well as perspectives and lives. Votes are cast again and again, each time there are more not guilty verdicts. As the jurors continue to battle among themselves, minds are…