in court was taken in a manner that directly contrasted the rights outlined in the Charter of Rights and Freedoms, Section Eight. The sample was used to show that Kroeger’s blood alcohol level was 0.14 which is twice the legal limit. The lawyer of the accused claimed that the RCMP officer that pulled Kroegor over ordered Kroegor to blow in his face. The other argument made was that there was a two hour delay in transporting the accused…
The Fifth Amendment was created to protect the basic rights of those who are accused of a crime. It provides protection from unfair methods of prosecution and investigation for many. This amendment allows you to not be punished more than one time for the same crime. Every person accused of a crime has the right to remain silent and the right to a fair trial. At the time this Amendment was created people would be accused could have rights, and this amendment provides protections from unfair…
Christine Amendment 5- Right not to testify against oneself (self-incrimination). “Trump Pleaded The Fifth 97 Times To Avoid Admitting To Adultery” Source: The Huffington Post, Pages 1-4, September 29, 2016 http://www.huffingtonpost.com/entry/donald-trump-pleading-the-fifth_us_57ed79dee4b024a52d2de46d The right to not to testify against oneself is one of the few parts that make up the fifth amendment. This is also known by many as the right against self-incrimination. This right allows for…
the different stages of a trial. I also visited Hendon Magistrates court and the physical structure of both courts is similar. The accused and a probation officer sit in a room with a huge glass window. The accused representation sits closest to…
flowing about and then we start to look at all of the other girl’s point of views. They then all talk about witchcraft and it starts to escalate fast causing many deaths and much more to be put in prison and on trial. In the Red scare, when you were accused, you went up on trial. If you were denying that you were not a communist or had ties to communists, you were thought to be lying even though it was true (Prezi, Mady…
Lambert and was explained further in Brown v Scott . The test holds three limbs which are, what the prosecution must prove in order for the burden to shift to the accused, what is the burden of the accused and what is the nature of the threat to society which the Act in question is trying to prevent. If the reverse burden given to the accused will achieve the aim or objective of the Act in consideration, the reversal of burden will take place. The purpose of the test is that to prevent the…
generalization always proceeds from the particular to the general. Hasty generalization usually rests behind a stereotype, which a person or event is treated as typical of a whole class. In the film, Juror Ten used this fallacy, he categorized the accused young man with criminal delinquents. To avoid using this fallacy, Juror Ten should have not generalized from unrepresentative samples and logically justified his conclusion of the young man. In the film, 12 Angry Men, an eighteen-year-old boy…
In Scottsboro, Alabama, 1931, nine African American teenagers were arrested for a crime that all evidence points to did not happen (Weddell 453). They were accused of raping two white women, which at the time, was a crime that, if found guilty, automatically sentenced them to death. It was not until almost twenty years later, after the case had been tried multiple times at the Supreme Court, that they were all released on parole (Weddell 457). The Scottsboro Case had a significantly positive…
after criminals and putting them behind bars. There is more to it than just locking one up. There are certain checks and balances and rights that defendants have before, during, and after their trial. We have learned that each defendant is afforded protection by the Bill of Rights such as right to a speedy trial (Sixth Amendment) and the Fifth Amendment: the right that no one shall be “deprived of life, liberty, or property without due process of law.” What exactly is Due Process? Due…
The rights granted by Constitution have a substantial impact on the lives of American citizens. Many of these rights such as the freedom of speech, to bear arms, and to decline to answering questions are very well known by the citizens and are used often everyday. However other rights granted by the Constitution are not as well understood yet still play a fundamental role in the liberties bestowed to Americans. Case in point, consider the 7th Amendment which issues the right to trial by jury and…