In R. v. Malmo-Levine; R. v. Caine, the court held that the harm principle is not a principle of fundamental justice for the purposes of Section 7 of the Charter. Explain the harm principle and the court 's reasons for rejecting it. Did the court reach the right decision in holding that the authority of the Canadian state is not limited by the harm principle? Why or why not?In his essay "On Liberty", John Stuart Mill explains the importance of one 's liberty and gives his opinion on how society and individuals should be governed. According to Mill 's ideas, the individual is accountable for his or her own actions and the government has no right to interfere unless the individual 's actions threaten to harm others. This concept is known as the "harm principle". The cases of R. v. Malmo-Levine and R. v. Caine deal with the possession of marihuana and the appellants argue that criminalization and punishment of possession of marihuana goes against their rights as stated by section 7 in the Canadian Charter of Rights and Freedoms. The appellants rely on the harm principle as a principle of fundamental justice and suggest that such criminalization is a violation towards that fundamental principle. The court reached a decision that the authority of the Canadian state is not limited by the harm principle which is not found to be a principle of fundamental justice. This paper will examine in depth the two cases, as well as the different positions that were taken and will also present my argumentation as to why the court reached the right decision in rejecting the appellant 's claims.…
Just giving advice to a client is ultimately Unauthorized Practice of Law because a simple conversation can involve an effect on one’s legal rights. An example of potential UPL mentioned in the book is telling a client where to sign a legal document. As simple of a question as it seems, this has a lot of responsibility pertaining to the lawyer and not the paralegal. The main reason why is because the legal rights of a client may be affected since the client may have to indicate representative capacity (Goldman and Cheeseman 44)…
G. the principle of law the case was used (cited) for in the case (5 points)…
A. Beneficence and nonmaleficence- This principle represents a psychologist dual obligation to strive to do good and avoid harm. It intends to guard against harm to anyone that you come in contact with.…
He states: “If it is in our power to prevent something comparably bad to happening, or to do something that is wrong in itself, or failing to promote some moral good, comparable in significance to the bad thing that we can prevent”(413). Singer uses a persuasive technique in his example of the “drowning child” case to show how the weaker principle can still stand.. He explains that “if I am walking past a shallow pound and see a child drowning, I ought to wade in and pull the child out.” This sounds like an application of the first principle stated above, but he goes further: [pulling out the child] “it will mean getting my clothes muddy, but this is insignificant”(413). This example ties in his principle concerning moral significance. The comparison between a child’s life and dirty clothes demonstrates that the child’s life would definitively be more important than the clothes that may get ruined. He further adds on to this…
He fails on two fronts: the law he presents is empirically false, and even if it were true, it still wouldn't make it possible to know what we should do. At best, it would help us predict the consequences of our actions, but that is not sufficient to derive an ethical system.…
|2.1 describe potential conflicts or dilemmas that may arise between the duty of care and an individual’s rights (unit 11) | |…
They are both, pure legal advocates and moral agents. A lawyer that is a pure legal advocate is one that manipulates rules in favor of their clients. They are going to try and win by any means possible, riding on the edge of violating the law. They would be dedicated to law and not morality. A moral agent is the opposite.…
Wallace, H, & Roberson, C. (2008). Principle of criminal law 4th edition. Boston, MA: Pearson…
National Committee on the Right to Counsel 2011 National Legal Aid and Defender Associaton http://www.nlada.org/Defender/Defender_Kit/NCRC Retrieved October 9, 2011…
The right to counsel is guaranteed by the Sixth Amendment to the Constitution. It provides for counsel in phases of a criminal proceeding for anyone who cannot afford one. This wasn’t always the case. Early colonial days did not allow defendants the opportunity to hire their own attorney nor was one appointed. This right has been earned in incremental stages involving several precedent cases. Those cases include Powell v. Alabama, 287 U.S. 45 (1932), Johnson v. Zerbst, 304 U.S. 458 (1938), Gideon v. Wainwright, 372 U.S. 335 (1963), Argersinger v. Hamlin, 407 U.S. 321 (1972), and United States v. Wade, 388 U. S. 218 (1967). Today, counsel is guaranteed in all phases of critical pretrial events. Counsel is also guaranteed during post-trial sentencing procedures and in a first appeal to a conviction ensuring the presence, expert advice, and assistance at all stages of a prosecution (Kanovitz, 2010, p. 409).…
The adversarial model of litigation is the system of justice that we use in the United States. The adversary model relies on each advocate to represent their cause or party and ultimately a jury to come to a finding. Justice has been served when one advocate is able to convince the judge or jury that they are in the right. Our legal system was created in order to find the truth in injustices and restore justice. Over the years many people have found faults in our adversarial model of litigation as they believe the main goal of the legal system has gone astray. The system has gained criticism in which we will further discuss in this paper.…
Zalman, M. (2011). Criminal procedure: Constitution and society (6th ed.). Upper Saddle River, NJ: Pearson/Prentice Hall…
The Constitution of the United States and the Bill of Rights grant citizens privileges that can be interpreted in different ways, the right to counsel being one of them. The right to counsel is contained in the 6th and 14th Amendments of the United States Constitution while the 5th Amendment gives way to avoidance of self-incrimination. It holds the same meaning but stated differently to account for a variety of circumstances.…
During the American colonial period, colonial leaders enthusiastically embraced the concept of the right to counsel. Following the events on the evening of March 5, 1770 John Adams successfully represented a group of English soldiers charged in connection with an event that was later titled the Boston Massacre (Linder, 2001). The concept of the right became a permanent component in the United States criminal justice system in 1791 with the ratification of the Sixth Amendment within the Bill of Rights (Cornell University Law School, n.d.).…