If I were the magistrate I would not have done anything differently. I agree that the magistrate did not have any other option. Why would you risk the life of an entire community for one person? Even though the man was innocent, the news shows what rioters are capable of, very chaotic, and will not stop at nothing until they get the demands they are seeking. Therefore, I would sacrifice the life of one innocent disliked man to save an entire community and maybe the life of police officers as well.
The magistrate’s dilemma could in fact be compared to “The trolley problem”. In the trolley problem, which is a hypothetical issue, states that if you were beside a lever on a train track and a speeding trolley passes you going toward five workers
They were also arrested. (Auerbach 1688) That's all it took for this riot to come into play, a few people unhappy about the way the police handled the situation. The next thing you know its a few thousand unhappy people.
The Magistrates’ role was to hear the evidence of distinct cases, criminal or civil matters and decide whether the accused is guilty or not guilty to an offence as charged and decide the penalty that will be given to those that are found guilty or plead guilty to an offence. Moreover, the Magistrate determined whether a case should go to a different court or to adjourn the case to another date.
Orphan trains and Carlisle and the ways people from the past undermined the minorities and children of America. The film "The orphan Trains" tells us the story of children who were taken from the streets of New York City and put on trains to rural America. A traffic in immigrant children were developed and droves of them teamed the streets of New York (A People's History of the United States 1492-present, 260). The streets of NYC were dirty, overcrowded, and dangerous. Just as street gangs had female auxiliaries, they also had farm leagues for children (These are the Good Old Days, 19). During the time of the late 1800's and early 1900's many people were trying to help children. Progressive reformers, often called
In the closing statement, Ta-Nehisi Coates provides us a statement inquiring that “police are turning to police brutality to solve situations where it's not needed then leading them to overuse their power. The use of excessive physical assault or verbal assault during police procedures, such as apprehending or interrogating a suspect should never be acceptable. Deadly force is not always excessive force. However, when deadly force exceeds the force that is necessary to create a safe environment, it is considered police brutality. This is emphasised in Ta-Nehisi essay when said “his father called the police, who apparently arrived to find the 19-year-old wielding a bat. Interpreting this as a lethal threat, one of the officers shot and killed LeGrier and somehow managed to shoot and kill one of his neighbors, Bettie Jones.” this situation could have been conducted differently Though the officer over used his authority and instead of simply calming the man down governing both the father and son he chose to kill which wasn't rational .
Beginning in late summer, this country became bombarded with stories in the news about police officers involved in some types of controversy. The controversy that started it all was an incident that happened in Ferguson, Missouri. Since August, there has been much discussion and public debate over whether a police officer’s use of deadly force against an unarmed teenager was justified. On August 9, 2014 a young man named Michael Brown was shot and killed by Officer Darren Wilson after he was stopped for walking in the middle of the street. Was the shooting of an unarmed teenager in Missouri an example of police using excessive force? Who decides what force is recommended or when it becomes excessive? To determine both these questions, we first must define what constitutes specific circumstances as excessive force. Officer Darren Wilson was not guilty of using excessive or lethal force if he felt his safety or the safety of others were in danger or if Michael Brown had surrendered peacefully and without resisting arrest.
Larry Page once said, “Especially in technology, [we] need revolutionary change, not incremental change.” Whether he is speaking about the Transcontinental Railroad system or the latest iPhone, what he says is true. If change is going to happen, it needs to bring a revolution of some kind along with it, otherwise, it will just become lost in history. This makes us wonder, how did the railroad system affect the US? The railroad system benefited the US most economically by industrializing towns it ran through, lowering shipping costs, and allowing for mass imports and exports.
Magistrates because they are not paid, will have to take time off work to attend their duties. Now, in a business environment, an employer may be rather annoyed if an employee had to continuously take time off work to attend their duties and would thus be difficult for that employee-especially if they are not to be paid whilst they are away. This loss of earning may discourage a person from becoming a magistrate. Whereas, if a magistrate is an employer or a senior employee in the business, they will more easily be able to take time off work to attend court. This relates to how they will be middle-aged and middle-minded. The training process is said to have not been adequate or effective enough. They are not in trained in broader ways and therefore lacking full knowledge. A risk with the magistrates is that although they may be able to empathise with the defendant, they are prosecution minded and more likely to believe the police. They may also be heavily reliant upon the clerk when in reality, the clerk can only advise them on certain aspects and interpret difficult points of law. A major disadvantage is the fact that there are inconsistencies within the sentencing of defendants. A defendant in Leeds charged with the same offence as the defendant in Bristol may receive a more lenient sentence. Additionally, the workload of the magistrates is incredibly heavy and would be
In this paper, I will explicate how a Utilitarian and a Kantian would understand the Trolley Problem and describe why I consider the Utilitarian approach to fare better in the case of the Trolley Problem. On one hand, a Utilitarian, a believer in the philosophy of Utilitarianism, believes that a morally admirable action is one that helps the maximum number of people. A Kantian, on the other hand, is a believer and follower of the Kantian ethics, which fundamentally preach that the correctness or wrongness of one’s actions depends on if one carries out one’s duty, and not on the consequences of one’s actions. In order to further understand the perspectives of these two philosophies, I will explain how they would comprehend the Trolley Problem, which is, essentially, a theoretical moral predicament where a trolley is speeding down a railway track and five people are tied to the track and a bystander has two options: either pull a lever, divert the train to an alternate railway track with one person on it and kill that one person and save five people, and thus intentionally commit homicide, or the bystander doesn’t pull the lever and lets five people die, therefore submissively allowing five deaths.
After Michael Brown was killed by Darren Wilson the tension blew up into a riot. The events received considerable attention in the U.S. and elsewhere, attracted protesters from outside the region, and generated a vigorous debate about the relationship between law enforcement and African Americans as well as created a national dialogue about police use of force doctrine in Missouri and nationwide. The court case that followed the shooting was led by Robert McCulloch in a highly unusual process. Instead of conducting an investigation and gathering information the prosecutor, Robert McCulloch left jurors to wade through mass amounts of information to determine the outcome. (Placeholder cite) His office left no recommendation as to whether or not Darren Wilson should be indicted or not. The unfair treatment discussed just is not in this one area there are hundreds of these communities being treated just as unfair as the Ferguson community. Those communities should band together and protest for a change so everybody in the United States can be treated equally. All of these issues matter and are very important. People in our country no matter what race, religion, or sexuality should be treated as equals. Everybody should protest together for a change, a change for everybody to have the same rights as the common white man. This is an issue everybody in our
On April 29th the day of the verdict, there were reporters both inside and outside the court room. This would add to how wide spread the unrest would occur and how fast it would develop. The verdict had come out that all four police officers were found not guilty on all accounts except for one account on one officer in which it was ruled a mistrial on that account.4 With the large amount of media coverage and the anticipation of a guilty verdict by many of the local citizens, the disturbances and violence spread quickly .
The complexity of the Trolley problem is one that can be resolved by unravelling the concept itself and considering the multipe possible analogies, the use of which is very important in the understanding and answering of ethical questions such as the Trolley problem . The trolley problem mainly deals with the law in relation in to morality, how public policy dictates or influences legality. Finding the most ethical solution to the problem is what is required of those who dare undertaking solving this problem
On August 6th 2011, riots started in Tottenham, London, over the fatal shooting of Mark Duggan by the police. Protesters attacked the police station and its officers. Over the next 3 days the rioting, looting, arson, criminal damage and assault rapidly spread throughout London and England. The speed at which the riots spread caught those in charge off guard so they didn’t call for reinforcements fast enough. This meant there were insufficient numbers of police officers on the streets to stop the rioters. The police emergency plans already in place to deal with such a situation were not adapted quickly enough to bring the disorder under control. It took three days before 16,000 police officers brought an end to the violence.
This essay will discuss the role of the magistrate and jury in the English and Welsh legal decision-making process. It will assess both the advantages and disadvantages of both mechanisms and give an opinion on the contribution they make in the process.
1 Explain the Trolley Driver, Bystander at the Switch, Fat Man, Transplant, & Hospital scenarios discussed in the "The Trolley Problem" reading. In doing so, address what the ethical issue(s) are in each of these scenarios.
When the Empire soldiers decided to publicly torture barbarians, the magistrate received another opportunity to act as a good person and prevent the soldiers from committing such savage acts, but instead, he chose to waste his potential and watch the spectacle alongside the rest of the crowd. While observing the soldiers’ actions, the magistrate states, “Let it at the very least be said, if it ever comes to be said, if there is ever anyone in some remote future interested to know the way we lived, that in this farthest outpost of the Empire of light there existed one man who in his heart was not a barbarian” (Coetzee 104). Though the magistrate may believe that he alone was not a barbarian in terms of how he was feeling, that does not mean that he was a good man. He still chose to stand in the crowd and watch the nomads be tortured and therefore was no better than the rest of the town. As the leader of town, the magistrate had the potential to go up to the military men and stop them from going through with the public display of torture, but the magistrate chose to waste that potential and only reacted once it