Task 4, Activity 1 Access to justice questions Question 1 Milu v Smith [2004] QSC 27 is authority for the proposition that a lawyer’s duty of care and duty to the court are in no way reduced by virtue of a lawyer acting pro bono. In that case the way the lawyer conducted himself when representing next of kin at an inquest and in subsequent proceedings for judicial review resulted in orders being made against him. a. Describe at least one of the shortcomings in the lawyer’s representation.…
Chapter four in Sandel’s book “Justice” talks about markets and morals. In this chapter we consider the morality of paying people to perform different types of work such as fighting wars and bearing children. The question that stands is whether there should be a market, when money is involved, to the aspect of morality. One good example that Sandel portrays in this chapter is “Pregnancy for Pay.” Thinking through the rights and wrongs in this example helps clarify the differences among leading theories of justice.…
Written by editor/poet Philip, this article summarizes the actions, which happened on the day of the 1955 murder trial of J.W Milam and Roy Bryant. His words show the thinking of many whites during the trial, and they supported Till’s murderers. Then he uses sarcasm describing Mamie, Till’s mother. It is unsympathetic of him to think that a mother would care more about her money than her own son’s rights, but it also shows how other white persons thought of it as a way for blacks to show emotion to the…
While it may seem unimaginable now, in recent American history there has been proof of racial intolerance resulting in gruesome death towards African Americans. In Harper Lee’s novel, To Kill a Mockingbird, Tom Robinson, an African American man living in Alabama, is falsely accused of raping a caucasian woman. He is pronounced innocent because of Atticus Finch’s work, but he is still lynched by a mob. In the real world there are no Atticus Finchs, so Emmett Till was unsuccessful in his case and still murdered. Emmett was a teenager when he was accused of whistling at a white women and suffered his dire fate (Kauffman). After killing Till, his murderers were swiftly acquitted by the jury, and this gave the country a rude awakening (Nilsen). These actions were not well received by the world. The lynching of Emmett Till contributed to the beginnings of the Civil Rights Movement in America by showing the entire country the horrors that were occurring in the South and uniting a people around a common cause.…
Consider the story of a Seattle business owner who shot an intruder on February 17, 2013. According to the report, the intruder entered the business and encountered the owner inside. The two fought, and the business owner was able to retrieve his shotgun. The store owner used the shotgun to fire at the intruder. The intruder received non –life-threatening wounds and was later treated at the hospital. The business owner was not charged with a crime because of laws allowing people to defend themselves and their homes, or any place they habitat when there is a threat to their safety. (Krey) Laws such as these have been brought into media attention recently with the Trayvon Martin and Justin Davis shootings in Florida. Even though the “Stand…
The chapter from the book is dealing with the topic of the meaning of race within the legal processes. The reading titled The Color of Justice is dedicated to the problem of jury members choice, providing a strong evidence of the practice of exclusion of the black people from the jury in the historical perspective. Based on the analysis of court cases, the author provides a background for the issue and emphasizes the problematic aspect of the court system. At the same time, the writing emphasizes the role of police in the promotion of racial inequality regarding the war on drugs and the concentration of their activities in ghettos. With regard to this, it also draws attention to the baseless police activities in the places with little drug…
Imagine you are a seven year old and have to walk one mile to a bus stop by walking through a railroad switching station and then waiting for a school bus to go to a "black elementary school" or a school where only African American children went. This is what happened to Linda Brown, an African American third grader from Topeka, Kansas, even though there was a "white elementary school" only seven blocks away. A "white elementary school" was a school where only white students were able to attend. This research paper will base on the case of Brown vs. Board of Education.…
Michael Brown was an 18 year old African American teenager, who was fatally shot by Darren Wilson a white ferguson police officer. Darren wasn’t charged because of the Stand Your Ground law. A Stand Your Ground law is a law that authorizes a person to protect and defend one’s life and limb against threat or perceived threat. This law states that an individual has no duty to retreat from any place he or she has a lawful right to be and may use any level of force, including lethal, if he or she reasonably believes he or she faces an imminent and immediate threat of serious bodily harm or death. Although some people may believe that the stand your ground law is just and fair,Many people could take advantage of the law by causing unnecessary harm to people, There for the Stand Your Ground law should be abolished.…
The Brown Vs. the board of education case had a big impact on many other similar cases as Mr. Brown’s and on history itself. This case brought many people to see that the segregation of schools did not help the students learn at all, but more hindered than helped. In the 1950's, public places were segregated. There were black schools where only colored students were allowed to go. Then there were white schools where only white students went. Many white schools were often near colored neighborhoods and communities. But back then, zoning was not around it did not matter if you lived right next to the school if you were colored you went to a colored school. Many African American children had to walk far distances to get to school, some walked miles and miles, even all the way across town just to get to school. Many African American parents worried about their children's safety getting to school since some children even had to walk through train yards across town to get to school. Parents like Oliver Brown knew that this was unconstitutional and needed to change the way the School systems operated. In Topeka Kansas, a little African American 3rd-grade girl had to walk through a train switchyard to get to school. Her father, Oliver Brown, felt…
The case of brown v. board of education was one of the biggest turning points for African Americans to becoming accepted into white society at the time. Brown vs. Board of education to this day remains one of, if not the most important cases that African Americans have brought to the surface for the better of the United States. Brown v. Board of Education was not simply about children and education (Silent Covenants pg 11); it was about being equal in a society that claims African Americans were treated equal, when in fact they were definitely not. This case was the starting point for many Americans to realize that separate but equal did not work. The separate but equal label did not make sense either, the circumstances were clearly not separate but equal. Brown v. Board of Education brought this out, this case was the reason that blacks and whites no longer have separate restrooms and water fountains, this was the case that truly destroyed the saying separate but equal, Brown vs. Board of education truly made everyone equal.…
¨ Ignorance of how we are shaped racially is the first sign of privilege in other words. It is a privilege to ignore the consequences of race in america ” ( wise) . This quote by Tim Wise explains what is happening today to our African American youth. They are dying everyday due to racism. The stand your ground law was created in 2005. This law is “so called” supposed to remove the duty to retreat before using force in self defense, but that's not what is happening today. This law is suppose to help people, but instead it's hurting African American youth. Although the stand your ground law may be regarded as a way to protect the community, it is being misused by police officers at the expense of African Americans; therefore the stand your ground should be altered to protect the young black African American community.…
Brown vs. the Board of Education of Topeka, Kansas was one of the most important decisions made by the US Supreme Court. This ruling on May 17, 1954 overturned Plessy vs. Ferguson. This court case ruled that the segregation of public schools was unconstitutional. Van Woodward writes in this book “The court’s decision of 17 May was the momentous and far reaching for the century in civil rights. It reversed a constitutional trend started long before Plessy vs. Ferguson and it marked the beginning of the end of Jim Crowe” (Van Woodward, 147).…
I learned many new things from this video. I learned that many people died in the black’s non-violent revolution for freedom and rights. I also learned that most African Americans were paid an average of only about $700. African Americans were denied education at all white schools, and were only allowed a less than average education at black schools. Under the Supreme Court ruling in Brown vs. Board of Education, a number of African American Honors students integrated Little Rock Central High School in 1957. Every day they had to endure abuse from a huge angry mob that protested integration and wanted segregation. I feel that I would not have been able to put up with all that abuse. Those nine students that integrated Central High had great determination and never gave up hope. I also learned that it was a very long and hard struggle for all blacks during the Civil Rights Movement. The KKK terrorized blacks and killed them. Many African Americans were killed before they won the rights that they deserve. I was very proud of all the African Americans that participated in things like the Montgomery bus boycott because it showed that they weren’t afraid of standing up for themselves. I felt joyful that they always had the courage to stay non-violent, because if they turned to violence, the situation would not have turned out the same way. Now I will do anything that I can to eliminate discrimination of anyone because it is a very serious and destructive…
References: Williams, Juan (1987). Eyes on The Prize: America 's Civil Rights Years, 1954–1965. New York: Viking. ISBN 0-670-81412-1.…
7. Benjamin Munn Ziegler, ed., Desegregation and the Supreme Court (Boston: D.C. Heath and Company, 1958)…