2000 CASE DIGESTS C R I M I N A L L A W SUMMARY OF DOCTRINES JUSTIFYING CIRCUMSTANCES Self-Defense The invocation of self-defense is an admission of the killing and its authorship. By this admission‚ the burden of proof shifts to the accused who must establish all elements of the justifying circumstance. The nature and number of wounds inflicted disprove the plea of self-defense because they demonstrate determined effort to kill and not just defend himself. (People v. Magayac
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16443 March 21‚ 1921 FACTS: When Leona Laciste endeavored to set fire to the house of Martina Rivera in which 2 children of the latter were sleeping‚ the two women grappled and Leona Laciste was boloed to death by Martina Rivera. As a result‚ a criminal prosecution for murder was initiated in the Court of First Instance on La Union. DECISION OF THE LOWER COURT: Guilty of Homicide. ISSUE: Whether or not Martina Rivera is guilty of homicide. DECISION OF THE APPELLATE COURT: Judgment of
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Apology: Defence Of Socrates By: Gregory Klima Apology Defense Of Socrates Plato ’s The Apology is an account of the speech Socrates makes at the trial in which he is charged with the following 1) Not recognizing the gods recognized by the state 2) Corrupting the youth of Athens For the most part‚ Socrates spoke in a very plain‚ conversational manner‚ as one would speak to a friend or lecture a child. He explained that he has no experience with courts and demeanor that comes with ‚ he
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As this was a case brought up by the state of Nevada‚ there were criminal charges that were filed against the defendant Taukitoku‚ those being three counts of murder with the use of a firearm as well as four counts of assault with a deadly weapon. The murder with the use of a firearm charges against Taukitoku were brought up for the killings of Charles Kelly‚ Derek Jensen‚ and Nathaniel Viljoen with a .380 Taurus semi-automatic handgun. The four counts of assault with a deadly weapon were for the
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Abstract This papers purpose is to explore four published articles that report on how the Industrial Revolution’ was a turning point in world history. The Industrial Revolution was a cultural and economic shift from the business or manufacturing activities in personal homes and traditional agriculture‚ manual labor to a method of factory industry. Including complex machinery technological growth‚ and developments in transportation. As the Industrial Revolution captured society’s attention it turned
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The first part of the article discusses how the first model of criminal choice and the way of conceiving criminal behaviors has drastically changed. The author mentions criminal choice is no longer determined by mental illness or bad attitudes. In the second part the author argues that criminal decision is an economic choice made by rational people. In particular‚ a relationship exists between crime and socioeconomic variables
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In Holly Wren Spaulding’s essay‚ “In Defense of Darkness‚” her main claim is that we have fallen away from darkness and immersed ourselves in a society of lightness. Furthermore‚ she claims this has lead humans to lose touch with basic human emotion as well as the sensual and spiritual experience true darkness has to offer. Spaulding makes this claim evident through exceptional use of personal testimony and copious appeals to value. Spaulding begins her essay with a detailed personal testimony
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The article “In Defense of Liz Lemon” by Emily Nussbaum is an opinionated article on the character development of Liz Lemon from the popular tv series “30 Rock”. The article “Black Friday: Consumerism Minus Civilization” is an opinionated article on the holiday that has become Black Friday. Although the two articles are about completely different in content and tone and written on unrelated subjects‚ there are many similarities within the two shown through their passion and proof that things that
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be a causal connection between the fault or negligence and the damage; and 5. There must have been no pre-existing contractual relation between the parties. DEFENSES GENERALLY AVAILABLE IN TORTS CASES IN RELATION TO THE ELEMENTS OF A QUASI-DELICT: 1. NO NEGLIGENCE This is a defense of denial that is a COMPLETE DEFENSE against any imputation of negligence. The defendant‚ in order to be absolved from liability must be able to prove that he exercised the proper degree of diligence
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