The Abuse Excuse.
Dena Shuayto Current Issues in Psychology-Psych. 190 Dr. Wagner The Abuse Excuse In his argument supporting the existence and prevalence of the "Abuse Excuse", Mr. Dershowitz likens it to a "modern-day form of vigilantism" where the victim has "returned to a 'state of nature' in which 'might makes right'." He goes on to say, in a somewhat alarmist tone (though rightly justified), that this newly-forged vigilantism, taking the law into one's own hands, "threatens the very fabric of our democracy and sows the seeds of anarchy and autocracy. The abuse excuse is dangerous, therefore, both in its narrow manifestation as a legal defense and in its broader manifestation as an abrogation of societal responsibility." He also makes reference to the marketability of many of these topics vis-à-vis the media, namely the sensational format of many daytime talk shows where the syndrome du jour is bantered over with the fervor and intelligence of a crowd watching a boxing match. In many respects I agree with his assertions that juries often fall victim to a staged and somewhat distorted version of reality through either theatrics or subliminal manipulation of their emotions. Unfortunately a conviction, especially a life or death sentence, should be based on immutable evidence and facts and not conditional feelings vicariously experienced from a sympathetic juror. He points out
Court's Control the procedure in an arbitration.
Court's Control the procedure in an arbitration Lord Goff, the past president of the Chartered Institute of Arbitrators, one said " ... generally speaking, an arbitrator is the master of his own procedure. The courts, in my experience - and no authority has been cited to me otherwise - do not ordinarily attempt to control the procedure in an arbitration." (Carlisle Place Investments Ltd v Wimpey Construction (UK) Ltd (1980) 15 BLR 109).. The only overriding requirement is that the arbitrator must always abide by the principle of "natural justice". Thus each party must given the opportunity to argue its case, bringing in support whatever legitimate evidences as may be introduced. Each party must be made aware of the case that its opponent is arguing and be aware of all the evidence and arguments. (Full or reasonable) Opportunity must also be given to adduce contrary evidence and arguments. If an oral hearing is calling for, the arbitrator must allow it (at least operating under the Hong Kong Ordinance), so each party can adduce evidence and address argument. The arbitrator must not carry out his own investigations without the prior consent of the parties. He or she should not use own special knowledge to form a different view of the facts from that given evidence by a witness of fact or an expert witness called by the parties. The arbitrator should only decide on the
Chinese Revolution Sources Questions
Assignment 5-China in the Twentieth Century ) a. In the picture 'The trial of a landlord before a peoples' court in 1953' we can see a man-the landlord, kneeling down before a peoples' court. He is tied p with a soldier there to keep watch, to guard the landlord. On the bench we can see men that are the judges and the jury, they will not and take into account the landlords defence statement. They will account both stories and eventually come to a conclusion, which will most probably be to sentence the landlord to death. This was what occurred everyday and many innocent landlords were accused. b. The people encouraged death to the landlords but went through the procedure of taking a trial through a court so that other landlords think justice will be done. This is said in source 26- "Everyday bought dozens of public trials and the people were encouraged to watch. Trials of peoples' courts were broadcast over loudspeakers in public as the crowds shouted for death" Another extract from source 26 explaining what happened to the landlords- "The most shot in one day was 199, but in the countryside many, many more were put to knife, bullet and garrot" 2) Source 21 explains why, peasants acted this way towards the landlords. "...Evil gentry, lawless landlords have themselves driven the peasants to this. For ages they have used their power to tyrannise
In Heinrich von Kleist's, Michael Kohlhaas, Kleist describes Michael Kohlhaas, a horse-dealer, and his harsh story of vengeance.
Kevin Klein War Mr. Federle 2/11/03 Michael Kohlhaas In Heinrich von Kleist's, Michael Kohlhaas, Kleist describes Michael Kohlhaas, a horse-dealer, and his harsh story of vengeance. The death of his wife followed by an injustice makes Kohlhaas swear revenge against Junker Wenzel Von Tronka. The story of Michael Kohlhaas portrays the struggle for justice of him with the corrupt authorities. "When the horse-dealer handed him the letter without a word, this worthy man, who knew about the abominable injustice committed against him." (128) Kleist describes Kohlhass life as treated unjustly and he will have to fight to find happiness again. Kleist portrays Michael Kohlhass attitude of vengeance derived from his impulsiveness instead of acting rational and thoughtful which will seem to turn into a personal revenge. Kohlhaas seeks for vengeance because he feels that it is the only way that he can satisfy the suffering, he uses vindictive emotions such as anger, resentment, outrage and hatred towards Von Tronka. An example can be found in the quote, "he assaulted the castle with this handful of men, riding the toll-keeper and the guard who were standing in conversation in the gateway. They set fire to every outhouse in the cartilage, and as these burst into flames Kohlhaas rushed into the castle...Kohlhaas entered the hall, seized Junker Hans Von Tronka, as he came
The prevalence of intimate partner abuse.
The prevalence of intimate partner abuse The United States: The prevalence of intimate partner abuse has been studied extensively in Western countries. In The United States, a recent population-based survey indicated that 30% of women have experienced violence from an intimate partner during their lives, and that 53% to 63% of these women had physical injury related to their abuse (Centers for Disease Control, 1998). In another women health's telephone survey study on the prevalence of intimate partner abuse conducted from January to July, 1995 (Centers for Disease and Control, 1998), 30% of the 3130 women interviewed reported that they had experienced partner abuse during their lifetime, 6% reported they had experienced partner abuse in the last year. The National Violence Against Women Survey in 1998 conducted by United States Justice Department estimated that 1.5 million women were raped and/or physically assaulted by an intimate partner annually in United States (United States Justice Department, 2000). Many 0 of the victims were usually victimized more than once, so the number of intimate partner victimizations exceeded the number of intimate partner victims annually, with 4.8 million intimate partner rapes and physical assaults reported annually. These findings concluded that intimate partner abuse is a serious criminal justice and public health
12 angry men
In the play "Twelve Angry Men", by Sidney Lumet, Every person may have his own way of defining the term "reasonable doubt. The story unfolds as 12 men of a jury are asked to deliberate beyond reason able doubt whether a 16 year old boy knifed his father to death. One jury, number eight, stands alone against 11 others to convince them that the boy is not guilty. There is a witness who said that she saw the murder happen through her window as a train was going past and an old man who said the he heard the thump of the body hitting the floor as someone ran away. Everyone on the jury seems to think that the boy is guilty as all the evidence points to him committing the murder, except for one jury who "just wants to talk". Before he sentences a young man to death, he wants to make sure that the fasts are right. To the jury#4 acted by E. G. Marshall is a well-educated, smug and conceited, well-dressed stockbroker, presumably wealthy; studious, methodical, possesses an incredible recall and grasp of the facts of the case; common-sensical which is more of objective, dispassionate, cool-headed and rational and yet stuffy and prim. This often displays a stern glare; treats the case like a puzzle to be deductively solved rather than as a case that may send the defendant to death and claims that he never sweats. Jury # 4 states that the boy's entire alibi was 'flimsy." He claimed that
Suspect witnesses
Suspect witnesses Warnings to Jury Makanjuola warning This is a discretionary warning where the witness has been suspect as to whether they were lying or suspect in anyway. This is usually given where the witness may look as though they have a grudge against the Defendant. This all started in 1977 with the Turnbull case. A Turnbull warning is the one most likely to be used, as it sets out all of the guidelines in disputed eye-witness cases. There must be evidence capable of supporting its correctness or it is not allowed to go to jury in the first place. This warning is to help stop wrongful conviction on unreliable identifications. Cut throat defences: warnings to juries. A Beck warning is given where it looks as though the Witness has a purpose of their own to serve. This takes away a corroboration warning requirement, only a need to proceed with caution warning. Beck warnings may be given against co-defendants or against other people with a purpose of their own to serve. There is a mandatory Beck warning, and a discretionary Beck warning. Cut throat defences would be a mandatory one. Where a witness is mentally ill and of "bad character" the warning, which again is discretionary, is that a jury must have regard to all of the medical evidence and circumstantial evidence of the witnesses
