Contentious Expert Testimony Case Study: R vs. Smith

This essay will attempt to explain a watershed moment using the Sarah’s Law as an example. The main objective will be to observe how this law improved society using academic research and what improvements that can be provided with the law to help in the future towards treatments of victims and witnesses. This essay will highlight how Sarah’s Law was created and how it made a huge impact in the criminal justice system, as well as, the ways the law helped victims and witnesses in society today.

In the novel “Crime and Punishment”, the author, Fyodor Dostoevsky gives the reader a glimpse into the mind of a tormented criminal, by his guilt of a murder. Dostoevsky’s main focal point of the novel doesn’t lie within the crime nor the punishment but within the self-conflicting battle of a man and his guilty conscience. The author portrays tone by mood manipulation and with the use of descriptive diction to better express his perspective in the story, bringing the reader into the mind of the murderer.

Facts: John Angus Smith attempted to trade a Mac 10 machine gun for 2 ounces of cocaine. Smith was then arrested for possession of cocaine and a fully automatic weapon. Federal law requires a mandatory minimum prison sentence for 30 years if a machine gun is "used" in the commission of a drug offense, and because these two things were used in conjunction, Smith was sentenced to 30 years in prison.

(2) Whether there was a genuine issue of material fact as to whether defendant's conduct was willful and wanton in injuring plaintiff.

We were able to locate and review the lawsuit Robert Coleman v CDCR, et al. In the complaint the plaintiff alleges that he was moved from a bunk bed cell to a side by side cell, which he claims seriously affected his mental health disorder (schizophrenia). The inmate states that when he informed the C/O that he could not stay in the side by side cell the C/O retaliated against him by placing the inmate in a small cage that he had to stand in for approximately seven hours. According to the inmate, his medical disability prohibits him from standing for long periods of time and subsequently experienced right knee pain and swelling. The inmate also indicates that his placement in a modified program violated his rights against lack of yard time

I hope the people of the United States understand what the Dred Scott decision will mean for the country. In my opinion it will have a negative impact on the county due to issues surrounding slavery. One of the main reasons being it shows where the government stands on the issues of slavery. It has tested the constitutionality of the Fugitive Slave Law and the Missouri Compromise and has unjustly over looked our forefathers belief that all men are made equally.

Bound v. Smith was a North Carolina case that was filed by three (3) inmates against state administrators under section 1983,1. The facts of the case alleged that the inmates has been deprived of access to the courts in violation of their fourteen (14th) amendment rights by the state’s failure to provide legal research facilities (Shaw, 1978).

Defendant Smith has right as do all citizens of the united stated, he should not be held over at his preliminary hearing in light of the fact that he didn't infringed upon any laws by being at the Lake Tavern bar, which is a public place. Secondly, Officer Jones did not find any drugs or drugs paraphernalia on smith. In addition, Officer Jones did not witness what was exchanged between Smith and Brown. Furthermore, in light of the fact that Smith had $500.00 on him isn't verification that he simply sold a kilo of cocaine to

An innocent man is wrongly executed whilst a man who raped and murdered a mother and her thirteen year old daughter spends the rest of his life with three meals a day and cable television. Which of these is the bigger injustice? The use of the death penalty to punish serious crimes is a very controversial topic and there is much debate surrounding the issue. This paper will briefly discuss arguments supporting and against the use of the death penalty.

The R v Bentham case , which presented the question of imitation firearms, and whether part of your body is covered in the legislation adopted the literal approach and as this directive was employed judges declared the word ‘possession’ did not include someone’s fingers. If words of the act are evident, they should be adhered to, even if they provoke a distinctive absurdity. The legislation specified that imitation firearms could be “anything which has the appearance of a firearm whether or not it is capable of discharging any shot, bullet or missile”. It was held by Lord Bingham that Parliament obviously meant to legislate about imitation firearms and not to develop an offence of dishonesty, claiming to possess a firearm. Accordingly, possession of something needs to be independent from the body and the defendant was found not guilty.

Christopher Simmons was not your typical American teenager. Abused and neglected as a young boy, by the time he was seventeen years old he came a convicted murderer and was sentenced to the death penalty. His case quickly became under fire for overriding his Eighth Amendment right that stated that the federal government cannot impose cruel and unusual punishment upon anyone. Christopher Simmons was old enough and mature enough to understand that what he did was morally and socially wrong. If someone can completely conjure up a murder plot by oneself, then they should be sentenced to the death penalty no matter the age. Simmons should have received the death penalty despite his age at the time of the crime he

In Crime and Punishment, Fyodor Dostoevsky discusses justice, questioning who or what determines this ideal. Primarily, he focuses on a man named Raskolnikov, who murders two women and then wrestles with his motives. As Raskolnikov’s hopeless outlook drives him to madness, his friend Sonia reveals an alternative view of justice, which allows for redemption. Through analyzing his character’s viewpoints, Dostoevsky never explicitly defines justice; instead, he exposes his audience to different interpretations to form their own conclusions. However, by depicting Raskolnikov spiraling into madness, Dostoevsky guides his reader to reject justice as determined by man in favor of it established by a higher power.

“Manslaughter - Recklessness or gross negligence - Assumption of duty of care for infirm person - Breach of duty amounting to recklessness - Negligence - Assumption of duty to care.”

The title of Feodor Dostoevsky’s work, Crime and Punishment, leads the mind to think that the book will focus on a great punishment set by enforcers of the law that a criminal will have to endure, but the book does not really focus on any physical repercussions of the crimes of the main character, Rodion Romanovich Raskolnikov.

Even the poorest and most broken-spirited people are sometimes liable to pride and vanity. In Dostoyevsky's novel, Crime and Punishment, Katerina’s insanity and pride serve to highlight her unstable behavior for the purpose of revealing how she is close to her death.