McHugh J put forward that the fatal wound could not be determined as to whether it was caused in the first instance or the second instance, and that the wording used by O’Bryan J was reflective of whether or not the jury found the Appellant had inflicted the fatal blow in the first or second instances and that if that the jury had in fact found that the appellant had inflicted the fatal blow in the first instance that provocation could not be a defence in the second instance.…
This case is an example of a sentencing decision where the judge considered the principles listed in section 3A of the Crimes (Sentencing Procedure) Act 1999 (NSW), when mental illness is causally connected to the commission of an offence.…
14. The prosecution implied that Adnan’s job as an EMT (emergency medical technician) gave him the skills to do what?…
This paper will locate two cases that discuss various types of criminal defenses. The two choices are: (1) The Jeffrey Dahmer Case, and (2) State v. Fisher Involuntary Manslaughter Case. The two cases analysis in which this paper identifies and examines the types of criminal defenses that were used. This paper will also explain the nature and types of defenses used in the cases and what evidence was used to demonstrate the defense. This paper will describe how justification and excuse play a role in the cases. This paper will also describe the outcome of each case.…
The first and the most important cause of Milgaard’s wrongful conviction was the question of Milgaard’s two friends, Ron and Nichol. His friends changed the story from the original one and the true version into something the police wanted to listen to. This is because the two friends were heavy drug users and they were put into custody for about 2-3 days, during this time they did not have access to any drugs, which was painful for them. Thus, to leave early, Ron encouraged Nichol to give the police what they wanted to hear and stabbed Milgaard in the back.…
According to Newburn (2007) it fails to clear up or not concerned with the inspiration of the wrongdoer. What it does look to clarify is the reasons why wrongdoers, for example, Boyle over and again carried out…
According to our textbook, Wrightman’s Psychology and the Legal System, M’Naghten had paranoid delusions. He believed that the Prime Minister, Robert Peel, was aligned with the Tory Party in a conspiracy against him. He tried to run, but when that didn’t do the trick, he returned and stalked the Prime Minister. He later shot a man, who he believed to be the Prime Minister, but he actually killed the private security of the British Prime Minister. He was charged with murder, but after a couple of days of medical experts testifying, he was found not guilty by reasons of insanity (NGRI). (Greene & Heilbrun, 2011 pg.210) Our text describes the M’Naghten rule as “The jury ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be…
The conduct was sufficient to overcome the will of the suspect (incorporates totality-of-the circumstances analysis)…
In conclusion, a 16-year-old boy, who was abused by his father for about 13 years, was suspected of the murder of his own father. However, the jurors pointed out that the testimonies are shaky- and possibly they are just lying- and the physical evidences does not prove that the boy stabbed his father. The jurors were all convinced that there is no evidence sufficient to prove that the boy is an actual murderer. Ultimately, they brought and found this boy ‘not…
Their exhaustive examination of the extensive case-law concerning the defense of insanity prior to and at the time of the trial of M'Naughten establishes convincingly that it was morality and not legality which lay as a concept behind the judges' use of "wrong" in the M'Naghten…
Institutions such as Princeton and Harvard often have an effect on a student’s individual interest when it comes to Wall Street. In “Biographies of Hegemony” by Karen Ho, she expresses how these type of institutions are always after the students, through a means of interviews, observation, social events, presentations, and even conferences. When in these type of “ivy leagues,” Ho writes how everywhere a student goes he will end up surrounded by someone marketing Wall Street and they know that it will not be hard recruit and convince students that it is the path that they want to go down. The reason that this happens at these institutions is because at Wall Street, they only look for a specific category of people, that look a certain way, usually…
The criminal justice system and modern science approach the question with interestingly different perspectives. The M'Naghten rule allows little room for negotiation of the crime details. Essentially, the defendant is declared either sane or insane; the defect of reason from a brain disease makes them either right or wrong. Advances in the field of neuroscience indicated that certain mental diseases were caused in part by factors outside the control of the individual inflicted with the disease and the fact that medication could be used to successfully alter one's behavior was a scientific breakthrough.…
Despite the public’s belief that Robert Latimer’s mandatory minimum 10 years sentence to be “cruel and unusual punishment”, I personally am satisfied with this sentence. In spite of the fact that the love Robert Latimer had for his disabled daughter is what inspired him to put her out of her misery, the judge and jury offered him the constitutional exemption” found him guilty of second degree murder as opposed to first degree. That was enough mercy for this man. It was a fair sentence when all aspects of the case are considered. One must realize that although it was a compassionate homicide, this case was not a matter of necessity and Latimer’s lawyer’s defense in consideration of section 12 of the charter of freedom is not valid. I believe in balancing all compassionate factors involved when deciding what is just in a murder case. One must also consider the future impact a decision will have. Our system is after all, based on precedents. Latimer’s shown of no regret for killing his daughter, and the case directly involves a threat to the future rights of disabled people. He has been granted a great enough degree of mercy by charging him with second degree murder.…
The defence would have you believe that an ‘insane’ man such as bromden doesn not have the mental capacity to carefully plan a murder such as the one carried out on Mr Mcmurphy. The same man who deceived the very…
When it comes to the difference between practical and emotional intelligence is that, practical intelligence is something that you can learn by observing other peoples behaviors. Emotional intelligence is the basis of empathy for others, self-awareness, and social skills (Feldman, 2013, p385). In the workplace, when it comes to emotional intelligence, it can help you to be able to know how to tell other people’s body language and their social skills. If you’re in customer service, you want to have good emotional intelligence so you can read your customers and it can also help by knowing how to talk to someone in a mature and professional way. Practical intelligence in the work place is important because you can learn through others behavior. You might learn if you can joke and kid around with one employee more so than another. In any work place it is important to know and have knowledge in both types if intelligence. You want to know how to be able to get out of any situation that you may get yourself into. Staying calm and keeping a level head is also a good form of emotional intelligence. The popular television character that displays emotional intelligence in my opinion is Oprah Winfrey; she always conducts and handles herself in the upmost empathy and mature professionalism for the people that she brings on her show. She also is one that gives back to others and the less fortunate, she can also control her emotions and she pays special attention to her guests feelings and also responds well with others. The popular television character that I chose for having practical intelligence would be Bill Gates, He has taken the world of technology to a new level, he has also made his fortune by using his common sense on how to run a business and to keep it up and running and make a success out of it. He has made a great software program…