For my independent study project, I read an essay by Paul Butler, called Racially Based Jury Nullification: Black Power in the Criminal Justice System.
Independent Study Analytical Review For my independent study project, I read an essay by Paul Butler, called Racially Based Jury Nullification: Black Power in the Criminal Justice System. This essay was published in the Yale Law Review (Number 3), in 1988. After I read the essay, I did some research to try and find credible sources that would discuss this topic further. * It should be noted that I retrieved sources from the same years in which this article was developed and released (1987-1995) intentionally as to not skew the information collected based on time. How these views differ from current views will be discussed at the end of my paper. It is obvious that significant improvements have been made in the way that the criminal justice system deals with blacks during the history of the United States. Blacks have not always been afforded a right to trial, not to mention a fair one. Additionally, for years, blacks were unable to serve on juries, clearly affecting the way both blacks and whites were tried. Much of this improvement has been achieved through various court decisions, and other improvements have been made through federal and state legislatures. Despite these facts, the development of the legal system with regard to race seems to have become stagnant. Few in this country would argue with the fact that the United States criminal justice system
Problem Question: Advise the appellants as to any EVIDENTIAL ISSUES which their lawyers could raise on appeal (full question included)
In 2000 armed forces of the United Kingdom acting under the express authority of a United Nations Security Council Resolution invaded the state of Redland and removed a brutal dictator. This action caused tension amongst friends and citizens of Redland who lived in the United Kingdom. In the years 2001-2002 there were a number of terrorist incidents in England instigated by those sympathetic to the former Redland regime. In January 2003 a number of individuals placed a bomb in an ASCO supermarket in London. Thirty persons were killed when the bomb exploded. It was widely believed that extremist supporters of the former regime in Redland were responsible. The police investigation was entrusted to Chief Inspector Morse. In January 2004 acting on information received but without a search warrant officers of the Hertfordshire Police raided a number of houses in the area of Hatfield Hertfordshire. They arrested four persons who have been named as Jack, Robert, Clint, and Brad. Documents relating to bomb making were found at some of the houses. The individuals were taken to a number of police stations in the Hertfordshire area. (a) Jack was taken to St Albans Police Station and detained for thirty six hours. After being refused permission to speak to a solicitor and deprived of all food he told Chief Inspector Morse "Yes we put the bomb in the supermarket to aid the liberation of
Criminal Law Homicide
Criminal Law Assignment Question 3 The law surrounding homicide carries a wide scope of controversial issues; this can include the topics of Murder, Manslaughter, Infanticide and Vehicular homicide.1 For the purposes of this assignment only murder and manslaughter will be dealt with. Murder carries with it the sentence of life imprisonment and therefore provides a rigid fixed sentence in which to punish someone for his or her crime. To allow certain individuals to become less liable for a killing, the offence of manslaughter creates, in certain circumstances, allowances.2 Manslaughter can be broken down into two categories - voluntary and involuntary. Voluntary Manslaughter allows cases concerning the defences of diminished responsibility and provocation to reduce murder charges.3 Involuntary manslaughter carries with it two types of involuntary acts i.e. unlawful act or constructive manslaughter and gross negligence manslaughter, all of which will be explained in further detail. For any crime the basic requirements for an offence to be successful are an 'Actus Reus', 'Mens Rea' and an absence of a valid defence. The actus reus of murder is the unlawful killing of another person in the Queen's peace.4 The definition still stands today and until recently the definition included the "year and a day" rule but this has now been abolished.5 It is up to the prosecution to prove
Early Modern Torture as Associated with Witchcraft in England and Germany
Early Modern Torture as Associated with Witchcraft in England and Germany While witchcraft was not new, during the 16th, 17th and 18th Centuries accusation and persecution of this crime reached an all time high (Hole 21). This was a pan European phenomenon; witches were found all across Europe in countries such as England, France, Germany, and Switzerland. With the rise of the printing press, literature on witchcraft cases was available for everyone from the highest bishop to the lowest peasant to read or hear about and take action (Seth 99). As the rumors spread and printed trial records circulated throughout Europe about the first few witchcraft trials, people began to grow more suspicious of neighbors or anyone who might have done them wrong. It rapidly became clear that anyone could be a witch and anyone could accuse someone of witchcraft. Soon the notion had spread that Europe was crawling with witches (Sidky 141). Therefore, when commoners learned that accusations were being dealt with quickly and severely, such accusations became rampant. The crime of witchcraft was unique in that it almost always required confession as a condition of conviction (Paine 71). Witchcraft was a crime that took place at a sabbat unobserved, at night or in remote places. People were supposedly in contact with, selling their souls to and making pacts with the Devil himself. It was clear that
What do you regard as the current issue of greatest concern in respect of EITHER the criminal justice system OR the civil justice system of England and Wales? What argument would you put to the Government to persuade it to address your concern?
Legal Foundations Summative Essay 2004/5 What do you regard as the current issue of greatest concern in respect of EITHER the criminal justice system OR the civil justice system of England and Wales? What argument would you put to the Government to persuade it to address your concern? The Criminal Justice System (CJS) in England and Wales consists of a number of agencies, including the Police, the Courts, the Prison Service, the Crown Prosecution Service (CPS) and the National Probation Service.1 The System is run by three government bodies: the Home Office, the Attorney General's Office, and the Department for Constitutional Affairs2, each is accountable for their departments of the CJS. The aims of the CJS are to: "deliver justice for all, by convicting and punishing the guilty and helping them to stop offending, while protecting the innocent. It is responsible for detecting crime and bringing it to justice; and carrying out the orders of court, such as collecting fines, and supervising community and custodial punishment."3 When these aims are not achieved issues arise as to the effectiveness, fairness and suitability of the CJS in England and Wales. One such issue is that of racial discrimination. Discrimination is defined in the Race Relations Act 1976: "A person discriminates against another in any circumstances relevant for the purposes of any provision of this Act
The Lindbergh kidnapping
Introduction In what was called the crime of the century, the Lindbergh kidnapping was the abduction and murder of the twenty month-old son of world famous aviator, Charles Lindbergh Sr., on March 1, 1932. In addition to fame, the Lindbergh's were known as an affluent family during the Great Depression. While their social status and ability to pay a ransom made them more susceptible to be a kidnapping target, the very young age of their child increased the inherent risky outcome of such an act altogether (Douglas et al., 1992). Lindbergh Jr., was snatched from his nursery by someone climbing up to the second floor nursery window using a ladder that was later found near the house. The kidnapper(s) left behind a ransom note that was followed by twelve more, requesting $70,000 dollars. The New Jersey State Police, assumed charge of the investigation, but Lindbergh Sr. wanted his friends to communicate with the kidnappers. Eventually, a ransom of $50,000 in gold certificates was handed over to the kidnapper by an intermediate, Dr. John Condon. Dr. Condon would later identify the stranger as "sounding foreign" (Fisher 1999). Seventy-three days after he was kidnapped, the body of the Lindbergh child was, by accident, found in Hopewell, New Jersey, four and one half miles southeast from where he was abducted. The body of the child had a
Analysis of the law relating to the offence of Murder and relevant offences of Provocation, Diminished Responsibility and Intoxication.
This continuous assessment requires a detailed analysis of the law relating to the offence of Murder and relevant offences of Provocation, Diminished Responsibility and Intoxication. The issue of non-fatal offences will also be dealt with. Murder is the killing of a human being by a human being within the Queen's peace, death arising within 3 years of the act by the accused and also caused by the act of the accused. The actus reus of Murder therefore requires that the defendant should have caused the death of the victim through an act of his/her own. Death should be caused within the Queen's peace and three years of the act of the defendant.1 In this question the defendant Mo killed her husband Billy. It was Mo's act of setting fire to Billy's bed, which caused the death of Billy who is the victim in this instance. It is required to be proved that death was caused by the act of the defendant. Murder is a consequence crime and therefore accordingly requires causation to be proved in order for the actus reus of murder to be proved. It is in essence proving that it was the act of the defendant that caused the death of the victim. Causation is a 2-stage test and requires firstly causation in fact. The test for causation in fact is the 'But for test'2. But for the act of the defendant, would the victim still have suffered the consequences and if not then there is causation in
Case Comment - R v Sinclair
A. INTRODUCTION R v Sinclair began as a trial for second degree murder, and was eventually brought to the Supreme Court of Canada (SCC) to resolve an issue relating to the scope and purpose of s.10(b) of the Charter. The main issue was whether or not Mr. Sinclair was entitled to have additional consultation with his lawyer when confronted with new evidence. Ultimately, the court decided that he was not. The decision not only set new boundaries for s.10(b), but carried significant ramifications for the admissibility of confessions and the right to silence. This case comment will argue that Sinclair has created a dangerous situation for innocent detainees because of its narrow interpretation of the right to counsel and its affirmation of the problematic confessions rule from R v Oickle.1 First, it will examine evidence that shows the power given to police by the Oickle confessions rule may have an adverse affect on the prevention of false confessions, and even offends the presumption of innocence. Then, this case comment disputes the majority's assertion in Sinclair that the threat of false confessions can be mitigated by the right to silence. Finally, it will demonstrate the strength of the causal link between false confessions and wrongful convictions to illustrate the severity of Sinclair's consequences. B. CASE SUMMARY Key Facts The appellant in this case, Trent
Should Female Genital Mutilation (hereinafter referred to as FGM) be considered a criminal offence? In your opinion, how does FGM violate a woman(TM)s right to privacy and personal enjoyment? Would such acts be considere
TABLE OF CONTENT Table Of Statutes 1 Question 2 Female Genital Mutilation - What Is It? 3 Female Genital Mutilation vs Woman's Right To Privacy And Personal Enjoyment 4 Female Genital Mutilation vs Human's Rights 6 Medicalising or Criminalising Female Genital Mutilation 11 In Short... 14 Suggestion 15 Bibliography 16 Appendix 18 TABLE OF STATUTES Edo State Female Genital Mutilation (Prohibition) Law 1999 10 Female Genital Mutilation Act 2003 9, 14 Human Rights Act 1998 9, 14 Prohibition of Female Circumcision Act 1985 9, 13 QUESTION Should Female Genital Mutilation (hereinafter referred to as "FGM") be considered a criminal offence? In your opinion, how does FGM violate a woman's right to privacy and personal enjoyment? Would such acts be considered a breach of the Human Rights Act 1998 in the United Kingdom? You are required to critically evaluate the law on woman's rights in relation to FGM and the law on human rights in answering the above question. You are also required to consider whether the countries practicing FGM should adopt a code such as the Human Rights Act 1998 (UK). FEMALE GENITAL MUTILATION - WHAT IS IT? Female genital mutilation (hereinafter referred to as "FGM"), also widely known as female circumcision is a practice traditionally practiced by peoples all around the world. FGM refers to the surgical operation of removing healthy normal
This essay will discuss the similarities between the Irish and UK legislation on assisted suicide and consider whether Ireland should adopt the same guidelines the UK did in 2008
Frequently we hear reports of Irish people travelling to Switzerland to avail of the assisted suicide services which are legal there. The purpose of this essay is to investigate the laws that govern suicide and assisted suicide in Ireland with the aim of examining the legal repercussions of the decisions made by Irish citizens to travel abroad to die and the legal consequences their helpers face on their return to Ireland. I will also examine the laws governing assisted suicide in Switzerland and how it has evolved over time. This essay will discuss the similarities between the Irish and UK legislation on assisted suicide and consider whether Ireland should adopt the same guidelines the UK did in 2008 in relation to prosecuting people who assist loved ones to die. Finally I will give my recommendations on how the Criminal Law (Suicide) Act 1993 should be amended and the possible legalisation of assisted suicide in Ireland. Historically, under common law suicide was considered self-murder and was a felony in Ireland. No one had the power to take their own life. It was two offences in one, an offence against God and the King. If an individual tried to kill themselves but unintentionally killed another person they were guilty of murder under the doctrine of transferred intent. The punishment for a successful suicide attempt was being buried in unconsecrated ground with a stake
