• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Supreme Court Case Study - R. v. Latimer

Extracts from this document...

Introduction

´╗┐Supreme Court Case Assignment (R. v. Latimer) Abhit Sahota 18/10/2012 CLU3M1-01 Part 1: Case Citation R. v. Latimer (2001) SCC 1 S.C.R. 3 Criminal or Civil Case? Criminal R Regina (Crown) v. ?versus? Defendant Latimer Year 2001 Court Supreme Court of Canada Volume Number 1 Edition - Page Number 3 Part 2: Case Synopsis This was a controversial case that concerned the issue of a mercy killing or assisted suicide. The decision of the case would ignite an ethical battle across Canada due to it?s sensitive nature. Robert Latimer, Saskatchewan resident was convicted of murdering his disabled daughter, Tracy Latimer. The 12 year old girl was diagnosed with cerebral palsy from birth, and had severe physical and mental disabilities. ...read more.

Middle

The appeal had been filed to argue that they had not legally arrested him, but the court ordered a new trial after information about the authorities questioning and picking the jury members based upon their moral standpoints with controversial issues. The second trial at the SCC was concerned with if Mr. Latimer?s sentence was cruel and unusual and a breach of section 12 of the Charter of Rights and Freedoms. The court ruled that his sentence of 10 year minimum sentence was not cruel and unusual. The Crown pointed out that Mr. Latimer?s actions were planned, and he did not regret them. Part 3: Significance of the Judgement Why did the Supreme Court hear this particular case? R. v. Latimer more or less an ethical debate on if mercy killings can be justified. ...read more.

Conclusion

Did the Supreme Court set a precedent? Explain. Yes, the Supreme Court set a precedent on the sentence of mercy killings. There was support for Robert Latimer to receive a more lenient sentence, however the court still treated the case as a second degree murder as it was planned, and the defendant had no regret of his action. Robert Latimer received the minimum 10 year penalty for a second degree murder as he acted out of compassion.\ Other Comments According, to a report in 1999 73% of Canadians felt that Robert Latimer acted out of compassion for his daughter, and 41% believe that mercy killings should not be against the law. All 9 Supreme Court judges were on this case and voted unanimously for the 10 year sentence was not a cruel or unusual punishment. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    Law of Evidence - R v Kearley

    5 star(s)

    His Lordship went further and suggested that 'the fact that there were a number of people seeking to buy drugs was legally relevant and admissible as showing that there was a market to which the accused could sell'5. Finally an interesting point made by Lord Browne-Wilkinson is that any human

  2. Marked by a teacher

    Judicial precedent.

    3 star(s)

    (The High Court; as courts of first instance - the three divisions of the High Court are bound by decisions of the Court of Appeal and the House of lords. Their decisions are not binding on themselves, so a High Court judge can refuse to allow a decision of another high court judge.

  1. The Law Relating to Negotiable Instruments

    even special damages could be awarded without proof of special loss or damage'. The fact that such dishonoring took place due to a mistake of the bank is no excuse nor can the offer of the bank to write and apologize to the payees of such dishonored checks affect the

  2. What is an indictable offence and how is it brought to trial?

    There are many distinctions between European union Regulations, Directives and Decisions. Here are the main distinctions: Regulations- Regulations are made by the Council of Ministers (with the consent of Parliament) or the Commission (within its delegated powers) and they have general effect, in that they apply to the whole EU.

  1. Euthanasia In Canada

    Allowing death to occur when the patient specifically refuses further therapy is to acknowledge the natural limit of autonomy. This does not extend to refusal of basic care and does not mean the withdrawal of comfort measures. In 1991, the BC Royal Commission concluded that "the person who is dying

  2. prisoners rights

    streamlining of jail visits; and (9) management of open-air prisons. Overcrowding That our jails are overcrowded is a known fact. To illustrate, in Tihar Jail as against the housing capacity of 2,500 persons in 1994-95, there were 8,500 prisoners. Overcrowding contributes to a greater risk of disease, higher noise levels, surveillance difficulties, which increase the danger level.

  1. The Supreme Court of Canada and the Charter: Democratic or Anti-Democratic?

    In order to be called a democratic country, every person within Canada should have equal rights; however, in many cases, this is not portrayed through the Canadian judicial system. Firstly, although the Canadian Charter of Rights and Freedoms has been set out in order to give each and every citizen

  2. Legal proceedings are a seminal example of a cultural performance. For this case study ...

    For example, the judge is referred to as "Your Honor" and "The Court"; attorneys are referred to as "learned counsel," "opposing counsel," "learned colleague"; the bailiff as "court security officer"; police officers by their respective rank; jury members as "Ladies and Gentlemen."

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work