Earl Of Castlehaven Analysis

The purpose of this report is to discuss the matter The Queen V Bayley, which took place on the 29th of September 2012. Adrian bailey (serial rapist) was found guilty on charges of murder and rape, this report will discuss in detail the court proceedings that lead up to the imprisonment of Adrian Bayley and also the events prior to the kidnapping of Jill Meagher. The purpose of this report is to discuss the purpose of law in our society and how it applies to people who commit crimes in our community. As well as the purpose of criminal law in our community.

Even though these laws were written to be fair to all, the magistrates and clergy delegated punishment by who was being punished. This type of reasoning was typical in New England, and set the stage for the witch trials.

In Medieval times determination of guilt and innocence was unfair and people relied on God to be the determinant of guilt or innocence. Trial by ordeal was a practice that was used to decide whether you were guilty or innocent (thefinnertimes.com).Trial by ordeal was made up of 3 trials – trial by water, trial by fire and trial by combat. These trials all have different negative features; trial by water was when the accused and accuser get tied up and thrown into the water, if someone floated they were guilty and if they sunk they were innocent. Trial by fire was when you either had to walk barefoot on fire or you had to hold a red-hot bar for a certain amount of time, if when the accused came back after 3 days and their hand hadn’t started to heal, they were declared guilty (yesnet.yk.ca). Trial by combat was undoubtedly the most unfair trial out of them all.

A notable tension that was written about in this document was the cruel and harsh treatment of the accused by the justices. Cary relays that his wife’s treatment was inhumane, physically abusive and demeaning. During testimony, she was asked to stand for a long period with her arms stretched out. Cary’s wife was crying and afraid that she might faint. When Cary asked if he could help support her, “Justice Hathorne replied, she had strength enough to torment those persons, and she should have strength enough to stand.” When Cary spoke out against this treatment, he was told to be silent or that he would be removed from the room. Cary’s wife was later taken down on the floor by one of the witnesses. Cary spoke out on “their inhumane dealings, uttered a hasty speech (that God would take vengeance on them, and desired that God would deliver us out of the hands of unmerciful men)”.

how the Stamford trials contrast with the infamous Salem witch trials that took place the same year. The charge of witchcraft preyed on the fears of the community and had the potential to turn townspeople against one another. Witchcraft could also be a difficult crime to prove as most of the evidence was circumstantial; putting the burden of weighing evidence and overseeing due process on the courts of the time. This paper will argue that the alleged victim, Kate Branch, feigned illness to secure her place within the Westcot household by accusing their rivals of witchcraft as well as examine the effect of these accusations on Stamford and how the courts navigated the evidence presented in the case.

The ideals of the Arbella sermon do not seem to influence the judgments of the Suffolk County Court or the testimony against Bridget Bishop. Michael Johnson, author of Reading the American Past, notes that, "the court records of Suffolk County between 1671 and 1673...illustrate the New Englanders deviated from the highest aspirations of the Puritan founders and that courts did what they could to curb those deviations" (52-53). The theme of love in Winthrop's sermon must have gone unaffected judging by the type of cases in Suffolk County. For example, a wife was sentenced to be whipped ten times or pay a twenty Shilling fine to the County for striking her husband. For being drunk and abusing his wife, John Veering was punished by being whipped thirty times and humiliated by standing in the open marketplace with a sign across his chest declaring his guilt. It is obvious that the ideals of the Arbella sermon were not present in the case against Bridget Bishop. She was accused of witchcraft and eight days after her trial she was the first accused witch to be hung in Salem. Once again, love is not evident in either of the two works.

The role of the judge in the adversary system of trial, unlike the inquisitorial counterpart, has less involvement in the establishment of facts and the analysis of evidence in cases brought before the court. In the inquisitorial system of trial, the judge has a much more active role in relation to the handling and evaluation of evidence, and where relevant, can actually cross examine and question witnesses if they feel crucial evidence may have been missed. While the inquisitorial system of trial has a seemingly more intrusive judge, having an added legal expert questioning and raising areas where evidence may have been missed, is a significant improvement over a judge who may know evidence has been missed but cannot intervene such is the

They convicted accused persons on the ground of what was known as spectral testimony, unsupported by other evidence. Even if the source of evidence expected as sufficient for conviction, it would be easy for anyone, either out of malice or because of hallucinations, to accuse and obtain the conviction of an innocent person. The Mathers and other ministers were aware of this and cautioned the members of the court privately against placing too great a reliance on this kind of evidence. In any case, it was clear that some more objective evidence ought to be required for conviction, and the members of the court knew this perfectly well. If they had applied such evidence, this could be prevented.

During the Stamford witch, the faith-based belief system and social structure of 17th-Century Puritanism were continuously at odds with the logic-based legal system of the Stamford community. Puritans “…considered religious belief a complex and demanding matter and urged believers to seek the truth by reading the Bible and listening to sermons by educated minsters…” (Foner, 65). Moreover, Puritans believed that extraordinary events that took place carried supernatural significance and were caused by

Blue collar Kerrigan home, is filled with love as well as pride for their modest lifestyle, but their happiness is threatened when developers attempt the compulsory acquisition of their house to expand the neighbouring Melbourne Airport. 3 high view crescent, Coolaroo – not aesthetically pleasing ‘eyesore’ opening shot shows sense of pride (satire) Despite all this, sweet-natured family patriarch Darryl (Michael Caton) believes that he lives in the lap of luxury. Blissfully unaware of his family’s lack of style or sophistication, he busies himself by driving a tow truck, racing greyhounds and constantly adding tacky renovations to the house. Kerrigan clan shares and supports his enthusiasm in every way. Though he has no wish to sell,

Before the English Civil War began, the legal system included justices, judges, magistrates, and lawyers. King James I, according to author Malcolm Gaskill in his works Witchcraft and Evidence in Early Modern England, had a great influence in the court systems. Before the English Civil War, the witch trials were broken up in two parts. The first being that a Justice of the Peace would examine the accused, then the second was an actual trial would occur. In those trials according to Gaskill, “English trials followed common- law principles: lay jurors had to be persuaded by lay witnesses.” Many trials during this time period demanded more solid proof before the accused could be convicted. Gaskill, also writes that the court systems prior to the Hopkins’ witch trials, people began to question intangible evidence coming from the accusers and the witnesses. This shows that before the English Civil War, the courts where yes, being tried for witchcraft, but the courts were also demanding solid evidence against the accused person. During the late sixteenth century and early years of the seventeenth century, many trials were being questioned by

Few cases have generated as much public controversy. The role of the High Court in this drama was, however, a minor one. Controversy did not stem from the novelty and significance of the doctrinal issues raised by the case but from the ‘facts’: the question of what had

In this article, William H. Browne is able to present how crucial and beneficial the Maryland Act Concerning Religion of 1644 was during the religious-political battles of the English Civil War. The article expressed how the act was a huge milestone in the early history of religious freedom in America and how at the time it helped reestablish order in Maryland by institutionalizing the principle of toleration that had prevailed from the colony's beginning. More specifically, the act provided punishment for anyone who "troubled or molested" a Christian for religious reasons which would consequently help establish harmony amongst the different religions of the time. The article goes on to say

There are many ways to decide what makes a man guilty. In an ethical sense, there is more to guilt than just committing the crime. In Charles Brockden Browns’ Wieland, the reader is presented with a moral dilemma: is Theodore Wieland guilty of murdering his wife and children, even though he claims that the command came from God, or is Carwin guilty because of his history of using persuasive voices, even though his role in the Wieland family’s murder is questionable? To answer these questions, one must consider what determines guilt, such as responsibility, motives, consequences, and the act itself. No matter which view is taken on what determines a man’s guilt, it can be concluded that

Thirdly, option is to strategically adjust the prices of their products because consumers are often very price sensitive. By doing so the company can either create more value that defines the quality and quantity of the product.