Blood Transfusion Should Not Be Banned From A Lighter Sentence

For the offender the only factor that affected her criminal behaviour was self-interest. Whether she followed the victim to murder or not, to some extent she wanted to extract some form of revenge. This was confirmed during the trial when the passenger who was in the car with the offender said “She was sick of them” and followed them as a means of teaching them a lesson. The offender’s defence relied on proving that at the time of the incident the factors affecting her were psychological and that her actions were uncontrollable due to her consumption of alcohol and her use of cannabis, heroin and valium in combination with her bipolar disorder. However this was dismissed upon the testimony of Susan Pullman, a neuropsychologist who proved that the offender was not experiencing mania at the time of the incident.

Although included in the story, it does not focus on the convicted drunk driver who hit the car Jacqueline was in or on her friends who were critically injured or killed in the wreck that caused Jacqui’s injuries. The main focus was on Jacqueline and her story. People sometimes overlook the ones who survive fatal drunk driving accidents. However, the lives taken and their loved ones are not the only people who suffer. While it is incredibly sad to hear of someone dying in a car wreck especially when it was no fault of their own, you have to be thankful that they are not in pain, physically or mentally. The ones who are still alive and struggling with their injuries are

      In his decision making, Vere reminded himself he was under the oath of the King, not human inclinations. If Vere had not done this Billy might have lived. This was not, however, the real reason for changing his mind. The real reason was because others would have followed in Billy’s alleged footsteps if he were not punished. Billy Budd’s life was sacrificed for an unjust reason, and the circumstances surrounding his death were definitely questionable. However, Vere made the decision that he had to although it wasn't morally right for Captain Vere it was the only fair decision he could have made to hang him. The consequences of what might have happened if his life had been spared were far greater that those of grief for Billy's death. Billy’s death was truly necessary for things to remain in order on the ship, especially without crew members entertaining the idea of killing another or starting a mutiny. The hanging of Billy Budd shows the need for punishment to occur for justice to

In State of Oregon v. Kipland Kinkel, Judge Haselton summarizes the decision to deny Kinkel’s appeal of his sentencing. Kinkel was sentenced by the Lower Court to 111 years and 8 months for the confession of 4 murders and 25 accounts of attempted murder. Several medical personal and parents testified against Kinkel at the hearing stating that, “he is and remains dangerous,” (para. 15). The defense’s grounds for appeal consist of the sentencing being cruel and unusual and that the protection of society was considered more than reformation. The higher court denied it was cruel and unusual because it did not shock the conscience. The presiding judge also denied that reformation was of higher significance than the protection of society because there were multiple victims affected in a public setting.

The mandatory sentence of two years’ imprisonment is unconstitutional because it is “cruel and unusual punishment” which infringes upon the accused’s right not to be subjected to such treatment. Firstly, it is determined that the mandatory minimum sentence in this case is grossly disproportionate to the accused’s circumstances and would be reasonably foreseeable that the provision would have the same overreaching effect on other offenders. Secondly, the provision in question in the Controlled Drugs and Substances Act is not saved by section 1 of the Charter as it has failed the prescribed Oakes test. The test gives weight to the law’s objective in comparison to the means of achieving it, which in this case, impaired too heavily on the right of the accused.

Janie feared that the court would misinterpret the day’s events. “It was not death she feared. It was misunderstanding. If they made a verdict that she didn’t want Tea Cake and wanted him dead, then that was a real sin and a shame. It was worse than murder” (page 188). The “black people from the muck” proved her fear accurate by withholding their support. They asked the judge to testify on Tea Cake’s behalf and stated that hanging Janie would not be sufficient enough. This fear was soon overturned by relief when the court found, “The death of Vergible Woods to be entirely accidental and justifiable, and that no blame should rest upon the defendant Janie Woods” (page 188). Janie’s honest recollection of events, in addition to Dr. Simmons’ additional testimony on her behalf led to the court’s decision to absolve her from any wrongdoing. Not only is it a relief that Janie wasn’t held responsible for Tea Cake’s death, but Janie can now claim her independence and discover who she is without a

As Americans, we live one of the greatest countries in the world. Things are not perfect, but they can range from good to great. However, there is one area that seems to continuously fall behind our great national standard. This area is the level of people that to fill up our prison system. The United States has only five percent of the world 's population, but it has houses 25 percent of its prisoners, which is around 2.2 million people (Collier, 2014). One of the main reasons the United States has become the prison capital of the world is due to the hard stance on all drugs. This stance led to the use of mandatory minimum sentencing laws to keep drug offenders locked up for longer than they should be.

Doesn’t that scare you? Mitigating? Quite the contrary I submit. Quite the contrary.” After the closing arguments, the jury recommended the death penalty. Accepting the jury’s recommendation, the trial judge imposed the death penalty. Upon receiving his death penalty, Simmons soon obtained new counsel, who moved in the trial court to set aside the conviction and sentence. It was argued that Simmons received ineffective assistance at trial. Several witnesses including friends, neighbors, and a clinical psychologist who had evaluated Simmons spoke on his behalf, many exclaimed that Simmons was “very immature, very impulsive, and very susceptible.” Moreover, the trial court found no constitutional violation by reason of ineffective assistance of counsel and denied the motion for postconviction relief. Thereafter, Simmons filed a new petition for state postconviction relief arguing that the reasoning of Atkins established that the Constitution prohibits the execution of a juvenile who was under 18 when the crime was committed. The Missouri Supreme Court agreed. Instead of the death penalty, Simmons was sentenced to life in prison without eligibility for probation, parole, or release except by act of the

Those who oppose mandatory minimums argue that longer sentences cost too much, are ineffective in reducing drug related crimes, and do not allow for lenience in extenuating circumstances.

Mandatory sentence reduction certainly is possible, by simply shifting the focus or scale of the tough on crime indicator when it comes to drugs. We have criminalized Americans for possessing drugs in the war and drugs while in the more egalitarian Europe society simple possession is not even a crime. This translates to America in terms of a potential reduction in sentence, tests, processing, and incarceration costs for all those people arrested and convicted in the war on drugs and which has acted in practice to disproportionately penalize African-Americans. Research does call for high judges such as the Supreme Court to end the traditional and legal precedent of turning a blind eye to race discrimination in the criminal justice system (Alexander, 2011). To this point, research on mass incarceration takes issue with the fact the Court has closed the courthouse doors to claims of racial bias at all stages of the criminal justice process from the levels of justice ranging from stops and searches to plea bargaining and sentencing. One case, in particular, stands out as drawing the line on expectations of the court to actively address racial bias in sentencing and conviction. This was in McCleskey v. Kemp and United States v. Armstrong, when the Supreme Court made ruled that it could only act or rule on matters of racial bias win the presence of “only evidence of conscious, intentional racial bias-the sort of bias that is nearly impossible to prove these days in the

As a juror on the Cook v Rhode Island case I would vote in favor of Cook. I would vote in her favor based on the information I’ve obtained from other resources. The resources I found gave more information such as she passed her physical and the nurse said she can complete her duties at work. “During the routine pre-hire physical, a nurse employed by MHRH concluded that plaintiff was morbidly obese1 but found no limitations that impinged upon her ability to do the job.” I’ve seen firsthand people acquire a job and lose weight over time. The article also tells how she has been hired by the company twice before and left voluntarily with a clean slate. “Plaintiff-appellee Bonnie Cook worked at Ladd as an institutional attendant for the mentally

In addition, if looked at from a utilitarian perspective, the act of allowing special sentencing can be considered morally right. Act utilitarianism focuses on the individual action and whether or not it would produce the most good among a community. This sort of outlook essentially means that the end justifies the means. It focuses primarily on the greatest amount of happiness among a group and that one’s actions, rules, and policies should maximize a group’s well-being and happiness. A utilitarian also understands that there are exceptional circumstances to any rule, so it must be bent in accordance to that circumstance. Therefore, whether or not an action is considered morally right or wrong depends on its end effect. In the case of special sentencing, its allowance within Canada would greatly fit within a utilitarian’s ideology.

Who is responsible for killing Billy Budd? Is it Claggart, Captain Vere, or Billy Bubb himself? There are many people who will argue all three men are responsible for killing Billy Budd. Their argument is Claggart, also known as Jemmy Leggs, provoked Billy in to striking him, attacking an officer is a serious offense. Captain Vere witnessed Claggart pushing Billy’s buttons by yelling at him, accusing him of mutiny, and saw the frustration in Billy’s face, but did not pull rank and order both men to stand down. However Billy is responsible for his own actions and should never had let anyone control his emotions.

All people have options, but not all options are heard. such as when people don’t agree with some things. AS to the ways that sentence prisoners. do people think it should be changed or should it stay the same. to begin with, I think the way they sentence people should be changed. because how they sentence people now they give people too many years and also some people shouldn’t be sent to prison. we are not moving nearly fast enough to reduce incarceration. over 2 million Americans live caged behind bars, a 550 percent increase in the last 40 years. Therefore, there should be less prisoners and more people free maybe if they change the system it could be that way. additionally, many people will argue that the sentence system should not be

Many people think that it is not fair for criminals to pay their decision by donating a kidney or an eye because criminals should have bigger consequences than just donating a kidney. People think this because a criminal could be willing to donate, but end up just committing another crime. Also, people are saying that criminals don’t make another mistake when they have served their time in jail because most criminals are in jail for a long time. Also, people are arguing that criminals can have infections, so it can make other people more sick if criminals donate.