Analyse The Case Of R In The Hayter Case

In this case, based on the evidence which was given by the prosecutors, the judge was given the choice to find khan guilty of murder or manslaughter. The judge found him guilty and charged him with 1 count of murder and 2 counts of manslaughter. (Louise Hall, 2016)

Accomplice liability consents the court to find a person or persons criminally liable for actions committed by another person. Criminal liability is when a person is commits the crime or act and that he or she intent to commit the crime at that moment. Sergeant Cotton was acquitted of all criminal charges against him in the criminal side. However, the Robert and Marian Tolan felt that the lower court’s decision was not fair. I do agree with the Tolans. I believe that courts did not take the evidence that was present to them inconsideration that Cotton was guilty. Cotton carelessly made an error on typing in the car tag number that Robert Tolan and his cousin was driving. Since, he made that mistake he is responsible criminal and civil. He should have been since to prison time and he should be responsible of the wellbeing of Robert Tolan. On the other hand Cotton was found not criminal liability for the charges in criminal court but Tolan took his case to the Supreme Court. Cotton then was found responsible in civil court.

guilt must relate to the state of mind of the defendant at the time of

A 27year old African American man pled guilty and was convicted on five counts of common law burglary. He was sentenced to death in accordance with Alabama state law. The prosecution presented the eyewitness accounts of the events and the petitioner did not testify. The defendant did not testify on his behalf, nor did counsel present his case. The judge accepted the guilty plea without any confirmation from the defendant concerning his voluntariness of his guilty plea or its consequences.

During the first trial, the fact that McCormick confessed to the crime was too much for the jury to come to a conclusion that McCormick was not guilty. A juror in the first trial, Anita Jinette, stated, “Mr. McCormick’s reputation as a liar was too important for us to believe his testimony that he was innocent, we basically had nothing but his confession.”

Within certain circumstances, liability is based on the accused 's action, which is also known as an act of omission or negative act. Regardless of the defendant 's motive, the failure to act supports a finding of criminal liability only when the s/he is under a binding legal duty, has the necessary knowledge to behave aptly and carrying out his or her responsibility is possible. Even so, there are instances when the issue of guilt results from a lack thereof. Each element must be proven beyond a reasonable doubt and decided as a matter of law by the court. With regard to any crime, all criminal elements are distinguishable and identifiable for the careful analysis of each issue. Take for example the difference between points of dispute in Proctor v. State (1918) and People v. Newton (1973) when reading Criminal Law: Cases and Methods.

Some could argue that this case illustrates the failure of the jury system. Despite all the evidence pointing to the guilt of the defendant,

Though the defendants faced prejudice and discrimination, they kept on with their cases and appeals until the verdicts were determined. The attorneys of the accused were Black and Swett. Along with the allegation that Grinnell’s witnesses were lying, the defending lawyers said that none of the eight had intended for any form violence and they even offered proof that some of the accused were not even near Haymarket Square on May 4th. Furthermore along with their apparent innocence, six of the eight were not present when the bomb went off, and the two that were there, Spies and Samuel Fielden were both in plain view of the crowd and police. Despite the logic of the defendant’s case, passion and prejudice led the jury to conclude that the bombing was a direct result of a deliberate conspiracy.

``In criminal law, confession evidence is a prosecutor’s most potent weapon’’ (Kassin, 1997)—“the ‘queen of proofs’ in the law” (Brooks, 2000). Regardless of when in the legal process they occur, statements of confession often provide the most incriminating form of evidence and have been shown to significantly increase the rate of conviction. Legal scholars even argue that a defendant’s confession may be the sole piece of evidence considered during a trial and often guides jurors’ perception of the case (McCormick, 1972). The admission of a false confession can be the deciding point between a suspect’s freedom and their death sentence. To this end, research and analysis of the false confessions-filled Norfolk Four case reveals the

The Salem witch trials and the Holocaust are similar in many ways. Though they were nearly three-hundred years apart, they share many similarities; false accusations, mass hysteria, and the slaughter of many people are some similarities This essay will compare and contrast both topics. During the Holocaust and witch trials there were accusations of people being either Jewish or a witch with little to no proof. In Nazi Germany, Jewish people were considered an inferior race (Classification System in the Nazi Concentration Camp) .

The heart of the American Judicial System is the determination of the innocence or guilt of the accused. At the beginning of the play, the jurors all feel that the man is guilty for murdering his father and they all wanted to convict him without carrying out a detailed discussion. The persistence of juror eight, however, plays a significant role in ensuring that the correct and fair verdict is delivered. The judicial system maintains that the defendant does not have an obligation to prove his innocence. The fact is not clear to everyone as Juror 8 reminds Juror 2 about it. The fact is a key element of the judicial system and assists in the process of coming up with a verdict. The defendant is usually innocent until proven guilty. Another element of the judicial system that comes out in the play is for a verdict to stand it must be unanimous. Unanimity ensures that the

John L. Brady and Donald Boblit were on trial for the murder of William Brooks. Both men were found guilty and sentenced to death, their convictions being affirmed by the Court of Appeals of Maryland. Boblit and Brady had separate trials, Boblit being tried first. On trial, Brady took the stand and admitted to his contribution in the crime but demanded that Boblit was the one who committed the crime of murder. Brady’s counsel agreed that he was indeed guilty of murder in the first degree but asked that the jury return the verdict to without capital punishment. Before trial, Brady’s counsel requested that the prosecution give all of Boblit’s statements. Most of the statements were received except for the confession of the murder that Boblit

Complicity, better known as accomplice liability, is the act of assisting or encouraging another to commit a crime. Often times this term is correlated with the act of aiding or abetting which can be interpreted easily. Although an accomplice did not directly act within the crime, their actions that positively affected the crime can lead to their conviction as an accomplice. This can be a person who stood by and watched a crime happen, a person who helped plan out the process of a crime, or even a person who ignorantly aided one another with a crime. In two different cases studied, Pace vs. State of Indiana and Settles vs U.S, the appellants on trial are fighting against their involvement in their separate crimes. For Pace, his involvement with a robbery taken place within his vehicle that he failed to stop rules him liable as an accomplice. With his driving during the robbery and assisting the criminals escape from the victim, a trial could be formed to convict him as an accomplice. In the Settles case, a man, Whitley, is on trial for being an accomplice to a kidnapping and sexual assault committed by Settles. Without knowledge if Whitley had any involvement in the planning process of the crime, the trial stands to convict Whitley for standing watch out and allowing a crime to occur. A testimony by the victim claiming that Whitley was seen running away from the scene of the crime with Settles also ads to the evidence being used to convict him as an accomplice.

Several pairs of eyes trail the prosecutor as he puts forth his reasons as to why the defendant should be guilty. Several pairs of ears listen intently in a trance like mode, also cautious of every detail. The prosecutor presents the facts with great gusto, painting a picture of the defendant in a bad light. Once he is done, the defendant’s lawyer takes the stage and he too, with great effort, puts forth reasons as to why his client is innocent. In the end, when everything is said and done and it time for the verdict, only one voice answers to the court clerk out of the 12 men and women. These 12 people are the jurymen and they play an equally important role as the lawyers and judges of a court trial. In fact, a jury is the sole decider, based

All the jury must agree on a verdict, if this is not possible then the