The Court Case Awatere V. The Queen Of Courtroom 7 Of The Sir Samuel Way Building

Despite recent reforms on the law of murder and voluntary manslaughter; including the special defence of diminished responsibility and loss of control, there are still inconsistencies present making the law unsatisfactory. This area of the law is in ‘dire need of reform’; as pointed out by the Law Commission in their 2006 report; Murder, Manslaughter and infanticide. The report stated how ‘The Law governing homicide in England and Wales is a rickety structure built upon shaky foundations.’

In the case of the Queen v. Dudley and Stephens, there were several moral and ethical issues. I will explain them in this section using facts from Prof Michael Sandel’s video, the cited case, and a book titled “Cannibalism and common law: a Victorian yachting tragedy” by Alfred Bryan William Simpson.

I did go two different courts. Southwark Crown Court which was opened in 1983 is one of those. It contains 15 courts, making it the fourth biggest court in the nation and is outlined as a genuine extortion focus. In England and Wales the crown courts additionally go about as a court of first occasion for serious criminal offences. A case, contingent upon the seriousness can take many deferent routs through the structure of the legal framework. The severe the crime, the higher the court that the trial does settled. My court visit on eighteenth and nineteenth of December 2014 was truly fundamental, keeping in mind the end goal to accomplish a more prominent useful understanding of the different angles and structural type of legitimate framework. A percentage of the procedures that they take after are indeed regulations of Act of Parliament, the lion 's share of which are a piece of the Court Procedures Act 2004.

The text which I will be reviewing for this assignment is entitled Feminized Justice: The Toronto Women’s Court, 1913-34 by Amanda Glasbeek (2010). This is a challenging, thought-provoking text which not only highlighted the complex relationships between women and criminality in the early twentieth-century in Toronto but, also spoke on a critique of ideas regarding feminized justice and the middle-class women who aimed to reform the criminal justice system to obtain gender equality. Glasbeek (2010) examined the Toronto women’s courts, from its creation in 1913 to its demise in 1934 by rendering visible tensions and conflicts using case files and newspaper accounts to explore stories of women, demonstrating how they could be saved through the

According to some investigators, victims do not feel better following the presentation of their allocution evidence during the penalty phase of a capital trial. What these findings suggest is that VIS, fueled as they often are by expressions of pain, anger, resentment, and vengeance, mostly leave the offended party feeling dissatisfied. As such, the emotionally charged and largely negative content of this evidence is suspect for furthering the aims of meaningful victim justice (Arrigo & Williams, 2003, p.

During the 16th Century, English poetry was dominated and institutionalised by the Court. Because it 'excited an intensity that indicates a rare concentration of power and cultural dominance,' the Court was primarily responsible for the popularity of the poets who emerged from it. Sir Thomas Wyatt, one of a multitude of the so-called 'Court poets' of this time period, not only changed the way his society saw poetry through his adaptations of the Petrarchan Sonnet, but also obscurely attempted to recreate the culture norm through his influence. Though much of his poems are merely translations of Petrarch's, these, in addition to his other poetry, are satirical by at least a cultural approach.

Murder, under common law, is the unlawful killing of another person in existence with malice aforethought (Bower, 2014). In other words, an individual had to have a clear criminal intent with some amount of spite, hate, or bad will to commit the killing before the murder occurred and had to be planned in advance (Samaha, 2013). To illustrate, during the 1550’s, English homicide statutes outlined activities such as poisoning or lying in wait as examples of preplanned murders. However, while murder was initially only thought of as an intentional and premeditated act, over time judges saw the need to develop new classifications of murders that didn’t fit the standard definition.

The evidence collected in an investigation helps make or break a case. Although sometimes the evidence is not physical it can still be powerful. Graat v. The Queen, [1982] 2 SCR 819, 1982 CanLII (SCC) is a case where the crown used opinion evidence in order to win their case. Opinion evidence is hard to make admissible in court because of the exceptions that arise from it. If the witness is an expert in the matter he/she does not need to have seen the event to give his/her opinion and may use the terms “I think or I believe” to be described as opinion evidence. (Bartley, 2016) The observations made, by the witnesses involved, influence their opinions. Their knowledge on the matter, although not experts also influenced their opinions.

The principle of fair labelling is at the heart of the English justice system, and rightly so. Labels can have an enormous impact on someone’s future, publicly and privately. Especially within the law of homicide, applying the correct label seems vital as the label ‘murderer’ sends out a very concerning message to the members of society and will have severe implications on an individual’s future opportunities such as jobs or relationships. This essay will show that the law of homicide does not seem to always apply the correct labels with the examples of battered woman syndrome, assisted suicide or euthanasia, and medical negligence that leads to death.

Scots Criminal Law recognises that sometimes people take the life of another due to a sudden temporary loss of self-control. In such circumstances where the perpetrator killed due to the fear of serious violence or discovery of sexual infidelity, being able to successfully prove that the perpetrator had been provoked to kill their victim is vital because the defence of provocation can mitigate a murder charge of murder to voluntary culpable homicide. In this essay, the discussion will involve assessing

In this essay I will be discussing whether the Jury system is an appropriate way in deciding the guilt of offenders, in addition I will be addressing the advantages and disadvantages of the jury system. “The Jury system emerged from the magna carta which provided trial by peers” yet the system has developed further and new regulations, as well as training methods have been put in to ensure the system is functioning in a more reliable manner. Juries are selected at random, yet they have to be “between the ages of 18-70, they must have lived in the UK for at least 5 years and the mentally disordered people are excluded”. The use of Juries in deciding guilt is controversial as some argue jury trials allow members of the public to become more

There were a plethora of people whom had the potential to stop or mitigate the chances of the murder occurring. Her personal trainer Ms Brown whom knowledge of Mr Gittany’s abusive and controlling behaviour, furthermore, Ms Harnum entrust her with her possessions. Ms Brown had the ability to encourage Ms Harnum to seek protection or services that might otherwise mitigate the chance of the homicide from occurring. Ms Richmond her counsellor was made aware of Mr Gittany’s abusive behaviour. She at some point came under fire from Mr Gittany were he rang the counsellor; abusing and threatening her. Ms Richmond being an authoritative figure with professional experience in counselling had the obligation to report Mr Gittany’s abusive behaviour to

gratitude and thanks for their attentiveness during this trivial time in court. Before they are subject to finalize the discourse of this case, it would be of utmost importance and definite absolution that I take a few minutes to briefly run through a couple of key aspects to reiterate the favourable and unfavourable mentions of law. The testimonies and the constitution being primitive examples of imperative significance. Granted, you a two-sided story you have just been presented with and are witnessing in which my client -Andrew Beckett- has been unlawfully dismissed from his firm for falling victim to AIDS. An inexcusable

In 1956 Lord Devlin professed that juries are ‘the lamp that shows that freedom lives’. Evaluate the accuracy of this statement with regard to the advantages and disadvantages of trial by jury, the alternatives available and any reforms that have been introduced or recommended.

In criminal law, there exist many forms of defence. In this essay I will be focusing on the defence of duress and arguing whether or not it should be allowed as a defence to murder under certain circumstances. I will argue for the use of duress as a defence to murder in some circumstances and I will be discussing this with reference to the work of Jeremy Horder and to the case of R V Howe in 1986. Duress can be divided into two defences; duress by threats and duress by circumstances. This essay will focus specifically on duress by threats. Duress by threat can be defined as being an available defence to a person who was coerced into breaking the law and committing an offence under immediate threat of death or severe harm to oneself or to a