In MacNamara (1803), Captain James MacNamara is brought to trial at the Old Bailey on manslaughter charges stemming from a duel in which MacNamara killed his adversary, Colonel Robert Montgomery. Interestingly, an examination of the trial proceedings demonstrates that the defence focused on the defendant’s honourability. Rather than focus on the defendant’s criminal actions, the defence sought to counter the prosecution by highlighting the defendant’s actions in relation to another code, the English code of honour. In spite of a strong prosecution, the jury’s verdict of not guilty in MacNamara is reflective of the vast majority of English criminal trials involving duelists being ruled in favour of the defendants, demonstrating the subversion of English criminal law by the code of honour in the Georgian period (1714-1830).
MacNamara (1803) On 6 April 1803, Captain James MacNamara and Colonel Robert Montgomery travelled on horseback through Hyde Park with their separate entourages and Newfoundland dogs. The dogs, who had run ahead of their masters, attacked one another. Arriving at the scene of the canine altercation, Montgomery confronted MacNamara, demanding that the latter restrain his dog. Sensing a challenge, MacNamara asserted his intention to stand by his dog, accusing Montgomery of arrogance and disrespect. With neither prepared to concede, both parties agreed to meet later that day atop Primrose-hill in a pistol duel. In the duel, MacNamara fatally wounded
Sir Gawain, nephew to the well-known King Arthur of the Round Table, is regarded as the most elite and noble of all the knights in the poem Sir Gawain and the Green Knight. Yet, like anyone else in the world, Sir Gawain is far from perfect. Gawain, a courteous knight living a life dedicated to honor, courage, and self-preservation, is tested on his chivalrous code throughout his journey; a search for the Green Knight. Throughout the tests, Gawain’s actions reveal that even the best of men can be selfish and are subject to guilt and sin.
The murder was immoral in every sense and those causing the murder should be punished to the fullest extent of the law. We further stipulate that it is unacceptable for a coverup of the murder. Colonel Nathan Jessup defends the practice of lying under an area of lying covered by Plato.
Many aspects of Matthew Harrison Brady influence his conduct of the trial. Mr. Brady is a
The Walter McMillian, Joe Sullivan, and George Daniel cases all have a lasting impact on Bryan Stevenson and his novel, Just Mercy: A Story of Justice and Redemption. The underlying theme found in each case is that of being wrongly convicted of a crime. Unlike many of Stevenson’s cases, these three end positively - with either a lesser sentence, or the removal from prison. These accomplishments, however, took much time and effort due to the differing factors of each case, making them unique and one of a kind. Nonetheless, all three cases share one common detail, Bryan Stevenson and his practice, the Equal Justice Initiative, work to help these men gain the freedom that was stolen from them.
``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
It is largely acknowledged by historians that, while it is difficult to be definitive in the meaning of chivalry-with Maurice Keen believing it to be a ‘word elusive of definition’- it came to denote the culture of a martial estate which ‘regarded war as its hereditary profession’. Thus, it could be considered that the violence of war had large implications on what people began to perceive to be chivalry. Additionally, the focus on violence- such as the participating in tournaments and jousts- further emphasises the close link between carrying out violent acts and the idea that a knight was being chivalrous.
Campbell and Shelby had successfully surprised Ferguson’s men. The Patriots advanced in a methodical manner and picked off Ferguson’s men on the exposed heights. Ferguson’s men returned fire, the Patriots fortunate “Loyalists shooting downhill with their Brown Bess muskets tended to shoot high.” (Jones, 2009) Ferguson countered and ordered a bayonet attack down the mountain. The Patriots then retreated to the base of the mountain, waited until the Loyalists disbursed, and returned to the top. The Patriots regrouped and resumed their attack, picking off more and more loyalist. Both sides repeated this maneuver three times during the battle. Some of Ferguson’s Loyalists ran out of ammunitions. Ferguson realized the impending loss, attempted a breakout with his men, and advanced. In the attempt to escape with his men, Ferguson died on the mountain. (Hickman, 2015) The Loyalist consequently surrendered. The battle lasted an hour. Out of 1,200 men, 300 killed, at least 120 wounded, and at least 680 taken as prisoners. The Patriots out of the 900 men had approximately 65 wounded and 28 killed. (U.S. Army War College,
Authorities arrested one officer, 8 soldiers and four civilians for charges of murder. This was a serious case that no one was ready to take on except John Adams, Samuel Adam’s brother, who accepted the case. He thought he would be famous if he won this case. There were two sides in the court, defensive and prosecution.
Some would say that honor is a thing of the past; a thing long since extinct with the King Arthur and the knights of the round table. In fact, it is not, it is real and can still be seen all around through people all the time. In Charles Dicken’s novel, A Tale of Two Cities, honor and dishonor are main themes that are exemplified and enacted through many characters. To be honorable, or to act in honor, is to act in a way that is not necessarily socially acceptable, but is morally right, noble, and kind. To be dishonorable is to neglect the basic responsibility of treating every human being in the respectful manner they deserve, giving no variance to rank or status. Throughout the book different men show varying degrees of honor and dishonor.
In the story The Last Duel by Eric Jager, fourteenth century in medieval France, a knight by the name of Jean de Carrouges challenges a squire, Jacques Le Gris, to a duel. The reason for this trial by combat, a court-ordered duel intended by fate of God to determine the truth, was to seek vengeance for the sake of his own honor. The wife of Jean Carrouges was the "young, beautiful, good, sensible, and modest" Marguerite. She was expected to maintain a ladylike mannerism and remain loyal to her husband. When the couple traveled to Capomensil to visit Carrouges mother-in-law Marguerite stayed under her watch while Carrouges set out on a journey in desperate need of cash. While away on his journey
On January 1st of 1649, the Rump Parliament of England passed a mandate for the trial of King Charles I to which he would be charged with “subverting the fundamental laws and liberties of the nation while maliciously making war on the parliament and people of England.” After years of civil war and various failures in fulfilling kingly duties, Charles faced a trial against a strategically assembled English court that would choose his fate. This stands out in history as one of the most noteworthy and dramatic events in early modern England- a domestic political crisis unlike anything that had ever been seen before. Over the years historians have debated in how they characterize the king’s trial and its end result, referring to the execution as “a crime of the worst magnitude, a regrettable necessity, or a laudable challenge to either an individual ruler or the entire political system.” Due to the overall disapproval of the trial by prominent individuals, biased personnel assembled in the court, questionable legal legitimacy, improper court proceedings and unfortunate socio-economic circumstances during his reign, it can be concluded that King Charles I did not receive a fair trial.
It is interesting to note that King Arthur's life depends on two things: his remaining faithful to his word, and Sir Gromer, also a knight bound by the code of chivalry, remaining true to his word. If Arthur does not trust that Sir Gromer will honor the code and spare his life, it would seem unreasonable for him to agree to such a deal. In the end, we find that both men remain honorable, thus upholding this aspect of the code of knighthood.
Sir Thomas Wyatt’s defence covered two major areas; the possible insulting of the king and conspiring with Catholics in a newly decided protestant country. His 1541 defence guards his actions on both parts, however due to the lack of historical evidence it is impossible to know if this defence was ever used, even if we do know he somehow did manage to get himself off the charges. Nevertheless, it offers great insight to the mind and feelings of an otherwise elusive and ambiguous historical figure. It is this, that being Wyatt writing about his own biography, that offers vital importance to his poetry, and more importantly his satires like ‘Myne Owne John Poyntz’. Through Wyatt’s own work we can examine the possible emotion, and tie it down to its own specific historical moment.
During the Middle Ages, England was a nation in social chaos. Deception of every kind was rampart throughout the lands. Many people felt that there was a great need for moral improvement in society. In Geoffrey Chaucer’s The Canterbury Tales he clearly brings to light his thoughts and concerns of “ethical cleansing.” No tale more fully expresses this idea than that of “The Pardoner’s Tale” and “The Nun’s Priest’s Tale.”
The Effects of the Sicilian Code of Honour in A View from the Bridge by Arthur Miller