Does the Death Sentence violate the Eighth and Fourteenth Amendments - Free Essay Example

Sample details Pages: 4 Words: 1258 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Tags: Act Essay Did you like this example? Main Issue Whether the death sentence violates the Eighth and Fourteenth Amendments? Relevant Legal Concepts â€Å"Reasonable people can differ about whether the ethical judgments embodied in these legislative and judicial decisions should be legally sanctioned as the public policy of the state.† (p. 64) â€Å"A person whose behavior is consistent with moral principles is said to have integrity†¦People are also concerned about ethical behavior in their personal lives. They worry about whether a person with whom they have shard a confidence is trustworthy.† (p. 71) â€Å"Ethics, which is the study of morality, is one of the five traditional branches of study within philosophy..Ethicists are concerned with what makes conduct morally right or wrong and the essential nature of moral responsibility.† (p. 72) â€Å" .Is killing in self-defense wrong or â€Å"What ought a physician do when a patient dying of a terminal diseas e asks for assistance in committing suicide? Modern ethicians primarily focus on normative moral issues rather than metaethical, although this tendency is of recent origin and primarily†¦Ã¢â‚¬  (p. 72) â€Å"Although law can contribute rules that embody moral norms, law in our democracy is not expected to play the primary role in promoting ethical behavior in society.† (p. 73) Relevant Case Law Gregg v. Georgia, â€Å"The common-law rule imposed .mandatory death sentence on all convicted murderers†¦narrowing the class of murders to be punished by death.† (p. 65) â€Å"And the Fourteenth Amendment, no State shall deprive any person of ‘life, liberty, or property’ without due process of law.† (p. 65) â€Å"†¦.death penalty cannot be said to violate the constitutional concept of cruelty.† (p. 65) Rationale Jonas had been questioned regarding his former girlfriends death. There could be a completely good reaso n why he had dried blood on his clothes, muddy boots, a bracelet with the name of his ex-girlfriends on it, or the bloody survival knife in his room. Even though the evidence in his room looks as if he was guilty, he still has the right to a reasonable trial as well as being protected by the law. An individual’s mental capacity is very important in the penalty phase. If in fact he had a diminished mental capacity and was guilty of murder and sentenced to death, it could be regarded as cruel and unusual punishment because it would violate his Eighth and Fourteenth Amendment right because he was not mentally stable. Since some statutes can split a criminal trial into a guilt and penalty phase, it can also give jurors frustrating and justifying factors in considering the death penalty. A court can reject the idea that Capital Punishment is severe and unexpected punishment under the Eighth Amendment as well as remove it as a punishing option for crime that is not one of mur der. If states dispensed it fairly and rationally so that it would serve a legitimate need, capital punishment could be considered constitutional. Ruling In this case, I would rule in favor of Jonas because his mental capacity would not be that of a killer. An individual who commits murder, usually will hide the evidence or dispose of it from a bridge into the water and not have it in their bedroom where there is a chance a parent will find it. He obviously had no reason to hide the bloody survival knife and muddy boots. Main Issue Whether other facts in the case are as such that the defendant can not be prosecuted. Relevant Legal Concepts â€Å"Although law can contribute rules that embody moral norms, law in our democracy is not expected to play the primary role in promoting ethical behavior in society. . athletic teams, and business, professionals, and fraternal groups of all types are expected to fill the void.† (p. 73-74) â€Å"They often establish ethical codes, rules (such as those prohibiting, â€Å"unsportsmanlike conduct† or â€Å"conduct unbecoming an officer†) and discipline and even expel members who violate their teams.† (p. 74) Relevant Case Law In State v. Mobbley, â€Å"†¦where the meaning of the statutory language is plain, and where the words used by the Legislature are free from ambiguity, there is no basis for interpreting the statute.† (p. 77) â€Å"The statute does not exempt a defendant from prosecution.† (p. 77-78) Rationale The laws are a standard in how Americans should act and treat others in society. Some individuals are held to the higher standard due to their education; especially anyone in law. When an individual has taken an oath to support the law and the constitution of the United States, they are making a promise to protect it no matter the consequences. District Attorney Schultz took that same oath. Encouraging her to lie and to not disclose the results was a direct violation. Although he is working towards reelection and this case would help him to keep his position, he would commit a injustice because although the DNA came back negative, does not mean their DNA can not be used on other cases, thereby not bringing them to justice on the other ones. His getting an unjust enrichment for keeping quiet does not uphold the law or helping the other victims. Ruling In this case, I would not re-elect District Attorney Schultz because I could not trust him to uphold the laws that he had taken an oath to protect. The court should rule a judgment against the players because I believe if the District Attorney had mentioned the DNA and he had used that DNA on other cases, they would be guilty in other cases involving violence toward women. Main Issue Whether a felony or misprision had been committed. Relevant Legal Concepts â€Å"Misprision of a felony is another common law crime .makes it criminal for a person t o fail to tell authorities of the commission of a felony of which he or she has knowledge.† (p 79) â€Å" .absence of a legal duty to act, the law has generally left the decision†¦.up to each individual’s conscience.† (p. 81) Relevant Case Law from Text In Holland v State of Florida, â€Å" .existence of misprision of felony as a crime at common law was to aid an alien, dictatorial sovereign .† (p. 80) â€Å" .the duty of a citizen to accuse every offender, and to proclaim every offense which comes to his knowledge; but the law which would punish him in every case, for not performing this duty, is too harsh for man.† †¦. (p. 80) Rationale Michelle committed larceny when she took the bags of money and gambled it, thereby depriving the true owner of the property. Morally, stealing is wrong, especially when it has to do with the FDIC and the individual intends to re-pay it back. But while individuals are not perfect, they tr y and make the right decision, such as in this case. Ethically she should be obligated to return the money and be penalized for waiting the three days to return it because the bank that it belonged to probably was depending on it. If everyone informed the authorities all the times they did something wrong or what they saw, the court system would be flooded with cases. It is unreasonable for individuals to confess what they did and how it would be corrected. On a personal note, I believe she should serve some time in jail for what she did because it is wrong to take something that doesn’t belong to you. Not reporting it afterwards is just as bad as taking it in the first place. Ruling Legally, there isn’t a crime of misprision for failure to report as a felony, thus, she should not do any jail time for her action. Although she should pay a fine for it. Don’t waste time! 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Underfunding in the Canadian Criminal Justice System

Underfunding in the Canadian Criminal Justice System Underfunding is the greatest Challenge that is faced by the Canadian Criminal Justice System. This paper will discuss the Police Forces aging population and the challenges to replace them when they retire, it will also look at the insufficient quantity of officers needed to investigate all crime. The underfunding of the legal aid program and the effects on the courts and family law will be discussed. Finally the effects of long-term underfunding of the countries prison system and its effects on the most vulnerable inmates will also be measured. Not Enough Police Officers Baby Boomers One of the challenges the Canadian justice system faces is lack of personnel, specifically police†¦show more content†¦More than ever people are losing access to justice. Even though the global economic crisis affected everyone, and every jurisdictions budget there needs to be a minimum level of funding for legal aid to protect the rights of those that cannot afford legal aid (Hainsworth, 2010). According to Hainsworth, (2010) the Canadian Bar Association has asked for national standards for legal aid, just like there are standards for health care and education. The CBA believes legal aid reform is needed to ensure access to justice for low income people, it also believes funding must be increased and national standards for eligibility and civil coverage are necessary to make the system function properly again. Underfunding also causes the court system to get backed up due to the fact that 13% of accused people did not have legal counsel on their court date, whi ch causes more delays and even more visits before a judge, confirmed by a report by the justice department (Hainsworth, 2010). This causes waste of the money that is currently being spent because of court delays; it also causes waste in other sectors of the justice system with so many court dates being rescheduled. As a comparison on just how much money has been cut from the legal aid budget we can look at the budget of Ontario during the years of 1996 to 2006. During this period education spending rose 20% and health spending increased by 33% conversely legal aid

The Impact of Colonialism Free Essays

It is almost a given now that most everyone considers colonialism as a mistake. They thought that the spreading of ideas, culture, and religion would have a positive effect on the native cultures they colonized. In fact though, these changes had an adverse effect on the peoples of these countries. We will write a custom essay sample on The Impact of Colonialism or any similar topic only for you Order Now For although many laud the efforts of these countries to spread Christianity, some question the motives of these countries in dealing the everyday needs of these people. In seeing the natives as inferior the mother countries were able to justify their treatment of them. At this time many subscribed to the belief of manifest destiny and social Darwinism. This is the belief in which the colonizing of other countries is justified by the belief that if God hadn†t wanted these people to be colonized He wouldn†t have let it happen, or would have provided the colonized with the same technology which would make an invasion impossible. Another item that has caused a lot of strife within the lives of the natives is in the area of education. For many natives the history of their country before colonization is very foggy. They have been schooled from day one on the histories of their European conquerors, but seldom is the history of the native cultural even discussed let alone taught. This reminds me of the point made in Jamaica Kincaid†s novel â€Å"A Small Place† in which she comments about getting a day off of school for Queen Victoria†s birthday. In the book Kincaid states that most of the people on the island of Antigua don†t even realize why they have been given a holiday. This type of confusion is typical in dealing with the relationship between colony and colonizer. It is however easy to sympathize with the colonizing country because they are teaching the only thing they know. They can†t teach about the native culture because they have no clue of the history. In fact probably the best method would have been to leave the history part of education in the hands of the natives. In other subjects, such as math, the colonizing may then be able to add insights that may not have been apparent to the natives. But as for the history of the country, there is nothing that a colonizing country can tell a native culture that wasn†t already known. As Jamaica Kincaid implies in her book, if there is one thing that was sorely missed after the English left Antigua it is the fact that for the first time in Antigua there were quality built, well organized places to learn. As kincaid explains in the book, the beautiful library built by the British has since been demolished. And although the renovations for a new one were supposed to end years ago it hasn†t worked out that way. The library has now been moved to a tiny apartment above a grocery store. Where once these books had been categorically stacked on shelves, they were now gathering dust, strewn across the floor and randomly inserted into cardboard boxes. This demise of education in Antigua says only one thing to me, that being that the emphasis of the government is in the wrong place. It is true that Antigua has had their problems with a corrupt government that is more interested in padding their pockets with foreign money than doing anything to improve the state of education. For what does it mean when you have a Minister of Education, possibly that you have no education? Often in looking for the hard-hitting effects of colonialism, the biggest effects are often missed. While pondering the effects of religion, commerce, and education, sometimes the effect of prejudice is left forgotten. We must realize that these are human beings that, in some cases, have just recently gained independence from their mother country. The problem with one country capturing another is the fact that the capturing country now thinks they are in some way superior to the country they have defeated. There is an air of inequality in these situations. One country is taught to feel as if their people are inferior and are therefore subject to obey the laws and rules set down by the ruling peoples. The obvious problem that arises from this position is the fact that there is now a proud native people that have been reduced to feeling as though they are less than the Europeans who have colonized them. This in turn creates a ripple effect that infects the future generations that also feel as though they are inferior. Hopefully eventually this lengthy chain ends, and a few are able to see beyond the situation being presented directly in their face. They are able to see that the prejudice is simply one country trying to keep another subservient to their wishes. And are in turn able to avoid the pit to which every other native has fallen victim to. These are sometimes the leaders that are able to lead their countries out of colonialism and into independence. Then again these leaders sometimes end up being as ruthless, or worse, than the colonizing country. This is where Kincaid†s comment from her book must be looked at a little more closely. She states that it is unfair to harshly judge the job of ruling that the Antiguans did after independence. Her point is that if corrupt ruling is all that you have ever witnessed, one can†t be expected to know how to suddenly run a successful country. For in many of these countries they are neck deep in problems with no end in sight. Yes, they were given their independence by the mother country, but in most cases the natives were left high and dry by the mother country financially. In conclusion, it is unfortunate that our world has been marred by the practice of colonialism. And even more unfortunate that so many countries in the world subscribed that same practice. It is hard to argue that we as a people have matured all that much since the days of colonialism. But if we as humans are able to avoid this terrible practice we are taking a step in the right direction. How to cite The Impact of Colonialism, Papers