...Driving under the influence and religion Erin O’Brien Criminal Law Prof. Toni Starcher Drunk driver, Brent Birch struck pedestrian, Leah Russell with his car causing severe life-threatening injuries; he was on probation from a prior DUI case at the time. Ms. Russell lived long enough to refuse blood transfusions at the hospital citing a religious conflict; she was a Jehovah’s Witness. Ultimately, she succumbed to her injuries at the hospital a short time later. Jehovah’s Witnesses see blood transfusions as one of many barriers that could keep them out of heaven when they pass away. Because of this fact, many Jehovah’s Witnesses carry a card in their wallet that states this fact and that they fully understand their decision could have irreprehensible consequences to their potential quality of life. They do this so medical professionals do not deem their decision to be one made under extreme duress and under the influence of extreme pain (C. Miyoshi, personal communication, December 13, 2013). This case was a driving under the influence case that was complicated by the fact that Ms. Russell’s religious beliefs kept her from medical treatment that could have possibly saved her life. During the trial of Mr. Birch, prosecution witnesses testified that the blood transfusions might have saved her, but that they couldn’t be sure, though. If convicted of his charge of second-degree murder, according to the California Penal Code section 190, Mr. Birch would face 15 years...
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...arrest the arrestee may want to be granted bail, this will be given by the police if they choose to give this. The offences are categorized into three main headings; Summary offences, Indictable offences and either-way offences. Summary offences will be heard at Magistrates Courts and will involve actions such as motoring offences e.g. speeding, driving without a licence or valid licence, no insurance and drink driving. The maximum penalty for summary offences include a 6 month imprisonment, or a fine of £5,000. Indictable offences are the most serious cases that will be tried in the Crown Courts, e.g. murder. Either-way offences are offences that could be tried ‘either-way’ depending on the seriousness of the case; this could be tried in the Crown Court or Magistrates Court. An example of an either-way offence is theft. Cases that take place in a Magistrates Court are heard by Lay Magistrates or a District Judge, in the Crown Court the juries will make the final decision. A judge will also be present to see if the procedures are all done properly. A Court of First Instance is dealt with within the District Courts. The Supreme Court is the court of last instance. Courts of First Instance start in the Magistrates for criminal cases, this is where the defendant may want to be granted bail and this is where the trial will be. If the claimant or defendant does not like or agree with the final decision they can decide to make an appeal. You should appeal within 21 days of the date...
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...Supreme Court The Supreme Court sits as a UK court when taking on civil case as it listens to 70 cases a year, mostly civil, which include some cases from Northern Ireland and Scotland. The majority of the civil cases are linked with tax law. On rare occasions a case can leap-frog from high court to Supreme Court but if not then the majority of the appeals come from the court of appeal or Scottish Court of Session. Leave to appeal to the Supreme Court must be granted by the lower court; this is usually court of appeal or by two justices. Only cases that raise a point of law of general public will be heard here. The Supreme Court will also hear criminal cases as well as civil. Court Of Appeal Civil Division The civil division of the court of appeal mainly hears appeals that came from the high court but on occasion it will hear cases from multi-track actions that have come from county court. The court will occasionally get appeals about the amount of damages awarded e.g. libel cases. Most appeals will concern a question in law. Leave to appeal must be agreed to by the lower court or by the Court of Appeal itself. The court of appeal can uphold or reverse the lower court’s decision. Criminal Division This division is presided over by Lord...
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...the media plays a vital role in moulding the whole viewpoint of society hence it is often quoted that media is the fourth pillar of Indian democracy. Violation of human right has many dimensions and one of such dimensions finds in the trial by media. In India trial by media has assumed significant proportions. There are many cases in India where media showed its importance by continuously highlighting it, such as Priyadarshnimatto case, Nitishkatra murder case, Bijaljoshi rape case, Aarushitalwar case, Jessica case etc. Media has now reincarnated itself into a “public court” (jantaadalat). It use to watch out injustice, which has conducted the trial of an accused and passed the own verdict even before the pronouncement of judgment by the court. By this way, it prejudice the public and sometime even judges and as a result it violates the basic principle of criminal jurisprudence i.e.; ‘’presumption of innocence until proven guilty and guilty beyond reasonable doubt’’. This paper focuses on the rights of accused such as his right to fair trial, right to privacy and right to dignity, which are a violation of basic human rights guaranteed not only under Indian constitution, but also by many international organizations. Media trial along with revolutionary sting operations is an appreciable effort which helps government more accountable. But it must be done without violating basic...
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...criminal court hierarchy are the Magistrates’ Court and the Crown Court. The Magistrates’ Court conducts trials of both summary and either-way offences that are to be tried summarily, such as theft, while the Crown Court deals exclusively with serious criminal cases, trying indictable offences such as murder, or either-way offences which are to be tried on indictment, such as theft. In the event that a party to a case wishes to appeal against the conviction or sentence awarded by the Magistrates’ Court, the case is then heard on appeal by the Crown Court. Cases can also be heard on appeal from the Magistrates’ Court by the High Court (Queen’s Bench Division) by way of case stated on point of law. Cases heard in either the High Court or Crown Court are all heard on appeal at first by the Court of Appeal (Criminal Division) and then to the Supreme Court, which is the final court of appeal available. Appeals from the Crown Court, which are heard by the Court of Appeal, can be due to several grounds, including misdirection of law or facts and jury irregularity. The Court of Appeal has the power to quash convictions or even order a new trial. Each criminal case is sent to the Magistrates’ Court at first, for either bail hearings to be conducted or plea entry hearings. Where the offence charged is an indictable offence, a Magistrates’ Court will conduct sending for trial hearings where the case is transferred to the Crown Court. Another criminal court in the system is the...
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...prominent role * Judicial Review | * Trial by jury * Legal representation is provided to assure equal protection under the law * Sentences are based upon guidelines | * Cases are tried before Magistrate and jurors * Tried under an indictment or summary conviction * The Crown bears the responsibility for proof beyond a reasonable doubt * Magistrates referees the proceedings | Civil Law | France | * Rely on written detailed codes of law * Judges have less power than those in Common Law * Judges only interpret the legal codes * Judges are expected to follow a series of decisions that agree on the interpretation of a code provision * Judges are restricted by the provisions of the written law | * All crimes are brought before the instructing judge prior to court hearings * The judge controls the coordination of the investigation including gathering facts, preparing it for trial and questioning witnesses * The judge rules on the case based upon the codified laws. | * Cases are brought by the public prosecutor’s office to the instructing judge prior to any court hearing * Instructing judge’s mission is to search for the “manifestation of truth” * Delits, that include theft are offences that are tried by three magistrates * Sentencing is determined by the Penal Code. | Theocratic Law | Saudi Arabia | * Religious law or a system of law heavily dependent on religious beliefs | * There are no jury trials * Courts observe few formalities mostly...
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...This is the second higher court, high and County courts & consists of 2 divisions; Civil and criminal divisions In the civil division, the court of appeal hears appeals to do with civil law and family justice from the high court, tribunals and sometimes from the county courts. Whilst the criminal divisions hears appeals from the crown courts. Decisions of the High Court may be appealed to the Civil Division of the Court of Appeal. Crown court- deals with indictable criminal cases that have been transferred from the Magistrates’ Courts, including hearing of serious criminal cases (such as murder, rape and robbery), cases sent for sentencing, and appeals. Cases are heard by a judge and a jury. Decisions of the Crown Court may be appealed to the Criminal Division of the Court of Appeal. The county court also deals with civil (non-criminal) matters. Magistrates courts trials of summary offences, committals to the crown court, family proceedings court and youth courts. Magistrates’ courts- hears all criminal cases. Serious criminal cases are transferred to the Crown Court after a preliminary hearing. Less serious cases criminal cases and those involving juveniles are tried in these courts. Some civil cases, including family proceedings, are also heard in these courts. Cases are presided over by one magistrate, who is legally qualified. Both...
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...Lippman, 2007). Working within the governing law and building on the work already done by scholars who have focused on this problem. There are three principles: transparency, limited deference, and a "felt sense of justice," that could guide the process of proportionality review and contribute to defining a retributivist touchstone for proportionality judgments (Lippman, 2007). The Death Penalty. The death penalty in the United States is used almost exclusively for the crime of murder. Although state and federal statutes contain various capital crimes other than those involving the death of the victim, only two people were on death row for a non-murder offense (Victor L. Streib, 2004). No one has been executed for such a crime since the death penalty was re-instated in 1976. In 1977, the U.S. Supreme Court in Coker v. Georgia, 433 U.S. 584, held that the death penalty for the rape of an adult was "grossly disproportionate" and an "excessive punishment," and hence was unconstitutional under the Eighth Amendment (Victor L. Streib, 2004). The Court looked at the relatively few states that allowed the death penalty for rape and the few death sentences that had been handed down. Death penalty to juveniles is another controversial topic in our justice system today (Victor L. Streib, 2004). A lot of people think...
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...Innocent Criminal – Woolmington v DPP The legal maxim of ‘innocence until proven guilty’ was not uniquely established prior to the decision of this case. It is only reasonable for a person charged with an offence to not have to prove innocence. The onus is on the Crown to prove beyond reasonable doubt the guilt of the accused whom only need only raise after presentation of evidence, reasonable doubt of his guilt .Even if this explanation is not accepted, but reasonable doubt remains, the accused is to be acquitted. Relevant material facts The appellant, Mr Reginal Woolmington, 21, was married to Mrs Violet Kathleen Woolmington, 17. On November 22nd 1934, Mrs Woolmington left the appellant’s house to live with her Mother, Mrs Lillian Smith. Despite the appellant’s pleas for her to return to live with him, Mrs Woolmington would not. Next door to Mrs Smith lived her sister, Mrs Brine. During the morning of the 10th of December 1934, Mrs Brine discovered her niece, Mrs Woolmington lying on the kitchen floor of Mrs Smith’s house, shot through the heart, deceased. Mrs Brine gave evidence, for the following sequence of events. Mrs Brine heard and recognised, the appellants voice challenging to the gist of ‘are you going to return home?’ Mrs Brine also detailed hearing the back door of next door being slammed shut, and then after a muffled voice, coming from inside Mrs Smith’s house. She then heard the discharge of a gun. Upon hearing this she then looked out the front of her...
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...criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing to Renew an Objection or Offer of Proof. Once the court rules definitively on the record — either before or at trial — a party need not renew an objection or offer of proof to preserve a claim of error for appeal. (c) Court’s Statement About the Ruling; Directing an Offer of Proof. The court may make any statement about the character...
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... and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment Manslaughter: * In 2001 of the 340 homicides in Australia, 34 were manslaughter * Maximum penalty is 25 years in gaol but offender may not go to gaol, may receive a lesser penalty or be acquitted Assault and Battery ...
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...w/c prescribes 2 mos from discovery thereof.) 8 Lower court dismissed the case 9 Acting City Fiscal filed another info for theft of electric power 10 Opulencia filed Motion to Quash upon the ground of double jeopardy 11 Judge Relova granted motion and dismissed the case. 12 Motion for Recon denied, hence this appeal Issue: WON there was double jeopardy Ratio Decidendi: A person who was charged for violating a city ordinance for having installed a metering device to lower his electric bills which was dismissed for prescription of the offense may not be charged again for theft of electric power under the RPC Reasons: 13 The second sentence of Art. IV Sec. 22 embodies an exception to the gen. Proposition: the consti protection, against double jeopardy is available although the prior offense charged under an ordinance be different from the offense charged subsequently under a national statute such as the RPC, provided that both offenses spring from the same act or set of acts 14 Where an offense is punished by different sections of a statute or different statutes, the inquiry, for purposes of double jeopardy is on the identity of offenses charged BUT where an offense is penalized by an ordinance and a statute, the inquiry is on the identity of acts. Since the dismissal of the case against Opulencia for violation of an ordinance alrdy amounted to...
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...Justice System and process law on Criminal Procedure and Practice from Complaint, investigation, arrest, bail, trial and conviction. When a report or complaint is made, that signals the beginning of the criminal investigative process. The report is an account of an individual, victim, witness or accused person as to what transpired with regards to a specific incident or series of incidents. The officer taking the report will ask pertinent questions and record the report in a diary commonly called a station diary. This report will contain the name, address, occupation, contact number of the person making the report and the date, time, place, persons present at the time and other key ingredients to crystalise the offence warranting investigation. In the case of report of larceny of $5000 for example, the report should contain the amount of money taken, when the money was taken, where the money was taken, the circumstances under which the money was taken and any description of the alleged offender. After the report is properly logged then the next stage would involve the gathering of information. This is where the investigating officer starts to interview persons, collect evidence and record statements from affected parties or witnesses to prove or disprove the facts of the report. During this phase the judges rules, in particular rule 1, is activated clearing the way for a police officer or any person in authority to question anyone from whom he thinks useful information can...
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...Buss Law: Lindgren vs. GDT, LLC (96-98) Plaintiff: Lindgren/GDT, LLC Defendant: GDT, LLC/ Lindgren Facts: Lindgren came-up with an accessory concept, which she sold online and in a store in Iowa. She patented it in 2000. GDT started selling a product quite similar to hers at much higher prices through all of its distribution channels. When Lindgren found out she filed a lawsuit in the federal district court in Iowa against GDT for infringement. GDT, claiming that it has no affiliation with the State, expressed its right to exercise its in personam jurisdiction and filed a motion to dismiss the case in Iowa. Yet, Lindgren countered by stipulating that online the company gave the option of delivering its products to Iowa (with FedEx). Ruling: Lindgren failed to make a prima facie case of personal jurisdiction. Yet, the court found that Lindgren’s claim could continue in the central district of California. GDT’s motion to dismiss was denied. Judicial Opinion: Due process requires that in order to subject a non-resident to the jurisdiction of a state’s court, the latter should have a certain minimum contact with it. The contacts with the state should be more than ‘random’, ‘fortuitous’ or ‘attenuated’. Use of a precedent: Zippo manufacturing case. The Zippo court observed that the likelihood that the personal jurisdiction can be constitutionally exercised is directly proportionate to the nature and the quality of the commercial activity that an entity conducts over the...
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...that you suspect are being used in a special way. This is especially so for evidence law. You need to understand the most important of these early on in order to get to grips with the subject. This chapter introduces you to these words and expressions. Besides ‘learning the language’ of evidence, you need to begin to develop a critical attitude towards the law so that you can write good answers to essay questions in the examination. But it’s impossible to adopt a critical attitude if you have no opinion about what the objectives of the law should be, and so this chapter introduces you to that topic too. Learning outcomes By the end of this chapter and the relevant readings you should be able to: explain what is meant by ‘relevance’, ‘weight’ and ‘admissibility’ present arguments defending or attacking the relevance of a given item of evidence explain what is meant by the following major technical terms used in evidence law: the best evidence rule, circumstantial and direct evidence, collateral facts, documentary evidence, facts in issue, original evidence, real evidence, hearsay, the best evidence rule and the voir dire describe two important characteristics of evidence law: its limited application, and its mixture of principles, rules and discretions explain the functions of judge and jury in a Crown Court trial describe the impact of the Human Rights Act 1998 and the European Convention on Human Rights on evidence law outline the way in which modern evidence law has developed...
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