...THE ACCUSED The movie was set 1988 and stars Kelly McGillis and Jodie Foster. It was directed by Jonathan Kaplan and the whole plot of the film was written by Tom Topor. The film is mainly set on a bar where a lot of drinking and dancing takes place. It brings out gang rape that could occur in real life situation. The rape of Cheryl Araujo took place at Big Dan’s Bar in the New Bedford, Massachusetts. The main actor, Sarah, walks into a bar stressed up after breaking up with her boyfriend as a result of drug possession issues. Dressed in a provocative manner, she walks into the bar and starts dancing. During the dancing session, she finds a young man whom she started flirting with. The scene gets worse when the young man lays her down and starts assaulting her sexually in front of many onlookers who cheer up the situation. Other two men come in and join in raping the helpless lady. At last, she finds space and escapes towards the rod yelling for help. This is a very heart touching film which portrays a lot of negative things that happen to women. The accused found a strong lawyer whom helped him to lower the extent of the case much to the dismay of Sarah. The story also portrays that rape victims could be suspects themselves in the manner in which the act takes place. Like in this case, she was dressed in a provocative manner and her dance also played a major role in the incidence. The film creates a lot of social and psychological issues such as chemical abuse and life goals...
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...NARRATION This case originated from the filing of complaint by the private complainant Medelita Gonzales against respondent Angelina Gonzales for Parricide before the Office of the Prosecutor of Bauang, La Union The 4th Assistant Provincial Pros. Jocelyn conducted Preliminary Investigation and she found the respondent probably guilty of Parricide which was approved by the Provincial Prosecutor of La Union and thereafter, the Information for Parricide was filed before the Court and was raffled on the RTC, Branch 33, Bauang, La Union docketed as Crim. Case No. 8032 entitled People of the Philippines versus Angelina Gonzales. There is no bail recommended. Malaya at kusang loob na salaysay ni MEDELITA GONZALES na kinuha ni PO3 ADLAI JOSEPH CABADING dito sa loob siyasatan ng Bauang, La Union ganap na ika-8:30 ng umaga petsa 14 ng Pebrero 2010. X-----------------------------------------------------------------------------------------------------------------X 01. T: Ano ang dahilan at ikaw ay narito sa himpilan ng Pulisya? S: Para magsampa ng demanda laban sa taong pumatay sa aking anak na si Xian Miguel Gonzales. 02 T: Ano ang iyong pangalan, edad at iba pang impormasyon na may kinalaman sa iyong pagkakakilanlan? S: Ako si MEDELITA GONZALES, 45 taong gulang, may-asawa at nakatira sa Brgy. Dili, Bauang, La Union. 03 T: May katibayan po ba kayo na talagang patay na ang inyong anak? S: Meron po, ang kanyang death certificate. ...
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...“12 Angry Men” Movie Analysis Throughout the movie “12 Angry Men”, different examples of influence techniques were portrayed through the various interactions and discussions among the jurors. As in many other cases in our daily lives, in this movie it was fascinating to see how powerful and influential one can be depending on the strategy one decides to implement, one’s attitude towards others, and the perception that others have of oneself. Throughout this analysis, I intend to explain and showcase with examples the many different techniques of influence that affect the day to day relations one could have with others. At the beginning of the movie all the jurors except for Juror 8 were ready to sentence the accused young man to death. Through the use of the inspiration influence technique, Juror 8 was able to inspire all the other man to reevaluate their decision by emphasizing the holes in the evidence and by reminding them that sentencing someone to death is a big responsibility. Juror 8, whose name was Davis, argued that a decision of this nature should not take only five minutes, especially when there was reasonable doubt. He was unsure if the young man was innocent or guilty, but one thing he was sure of was that all the jurors should discuss the matter elaborately through a meaningful exchange of ideas. Another example of the use of the inspirational influence technique in the movie was portrayed by Juror 5’s sharing of his background story. Some of the Jurors...
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...politics) hashtag. With that the exchanges became increasingly hostile, with Elliott tweeting that Reilly was a “hateful bitch” and accusing her and other women he dubbed “#fascistfeminists” of ganging up on him. With these increasingly hostile tweets, both women testified that they were afraid that Elliot would confront them violently in person. The defense claimed that the women were faking the fear because they seemed fine in person. Guthrie claimed that she was sorry that she wasn’t a “perfect victim” who behaved like a conventional victim would and that the feelings of fear develop overtime. Position of the Defense: Chris Murphy, lawyer of the accused in the first case of alleged criminal harassment in Canada via twitter, defends and represents 54-year-old Greg Elliot. Since his arrest was so well publicized online the accused lost his job as a Graphic artist and if convicted of these allegations, Elliot could go to jail for 6 months. It seems that Elliot’s chief sin appears to have been that he dared to challenge the two young feminist political views. There’s no actual evidence that he even threatened the women in fact, according to the testimony of Toronto police officer, Detective Jeff Bangild. Other than some less-than-polite rebuttals from Elliot via twitter. Murphy suggested that the serious ramifications of Elliot’s conviction could be dire for free-speech online, saying that the idea that all it takes to end up charged with a criminal offense is a vigorous participation...
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... | |H. C. COLOMBO 6904/94 | |21ST SEPTEMBER 1998 | | | |Murder - Penal Code S.294(1) - Plea of grave and sudden provocation - Attendant circumstances - Availability| |of plea of cumulative provocation. | | | |The Trial Judge found the accused Appellant guilty of committing the murder of his girl friend and sentenced| |him to death. |...
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...The Media and its Social Responsibility Media empowerment is a sign of true democracy, a medium to communicate with the youth and the entire world. Media definitely has a responsibility on its shoulders, which is to guide the people. People have blind faith in the media and they are convinced that what they hear or what the media has declared is correct. But have we ever deliberated over the fact that media can also be selfish? The truth is that in this competitive world – the media is also a victim. The media has exposed our very own celebrities whom we normally idolise. Thanks to the media, we got the true picture of these celebrities who have shamelessly indulged in wrong doings. If this be true, then why do we blame the media for interfering in their lives? It is their duty to expose the people. Once a person is a celebrity, his life or his actions definitely make the news, then why do they forever crib and blame the media? The Casting Couch is a ubiquitous phenomenon in many industries. As an average reader, we may already know that it exists in the film industry. If you ever had any doubts after all those newspaper articles, gossip magazine stories during the last couple of decades, which featured the infamous casting couch – India TV and Suhaib Ilyasi have definitely convinced the public that it is indeed in existence. Thanks to the media, we now know that there exists an industry where you have beautiful people, aggressive bosses and ambitious new entrants – yes, the...
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...Case Studies 1. a) Grunet was intoxicated while driving causing him to speed and kill someone b) The victim walked into the street randomly, and so he could not stop his car in time to not hit her and his vision was affected from the snow banks and trees so he couldn’t try and move around to miss her. c) Grunet should be charged because he was intoxicated while driving causing him to speed even though he had no intention of killing/harming anyone. Although he says the trees and snow banks blocked his vision, we cannot rely on this because he was intoxicated and his vision was already affected. Even though the victim randomly walked into the street, perhaps if he hadn’t been speeding or intoxicated this accident could have been avoided. Even though he had no intention of killing/harming anyone. d) I think that there should be a greater charge on drinking and driving especially when it causes death. A huge reason for why Grunet hit the woman was because he was intoxicated, causing him to speed because of his affected judgment, and blurry vision. The accident could have been avoided. He should be charged with murder, drinking and driving, and speeding. 2. a) Yes, he should have known or at least figured it out because there were many clues and indications that Bill and Rod were very suspicious and never had any documentation of purchasing the items. They were very secretive about themselves, never gave the warranty and disappeared many times and even with his...
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...Rights of Accused Maurice Paul Professor: Dr. Jane El-Yacoubi. Course: POL 110 April 29, 2012 The rights of the accused gave individual’s person the security of which papers, houses and other effects against any unreasonable searches and seizures. Which shall not be violated, as a result, no warrants will issue upon a probable causes; No individual cannot be held for a crime and or otherwise infamous crime unless that individual’s is indicted by a grand jury. Also a person cannot or subjected to the same offence twice (meaning double jeopardy). Therefore, an individual cannot be retrial after a conviction, acquittal, mistrials and multiple punishments through the state of government. Hence, a person cannot be a witness against himself/herself and cannot be deprive of life, liberty or prosperity without due process of the law which, is written in the Constitution. Also in all criminal prosecution, the person accused has the right to a speedy and public trial by a jury. The accused must be informed of the accusation and can be confronted with any witness against him/herself in the court of law. The accused can provide any witness in his/her favor and have the rights to assistance of counsel by the court if necessary in his/her defensed. These rights were written in the fourth, fifth, six and fourteen amendment to protect each individual’s even if you are not a citizen of the United State of America. Our Constitution states one law in the fifth and fourteen amendments;...
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...Rights of Accused Craig Bishop POL 110 Strayer University Professor Eaton May 2012 Due Process Due process is a set of rules that are in place to protect people’s rights, this process insure that state and federal governments do not abuse its powers and treats all fairly. Basically due process prohibits the government from taking in-appropriate actions that would take away a person’s liberty or property, without giving proper notice of any action is taken. The right to due process is in the fifth and fourteenth amendment, this is also known as the due process clause. (LawInfo, 2010) Due Process and Its Origins Due process goes back even farther. It can be traced back to the Magna Carta in 1215; the barons of England said that the powers of the King are not unlimited. They said that his powers were limited by the essential principles of justice and fairness; it also stated that the King could not seize anyone’s property indiscriminately. (Hornberger, 2005) However, the origin of due process in the United States began when Thomas Jefferson was writing the Declaration of Independence, he wanted to make sure that the rights of the people were protected. Thomas Jefferson knew from the past that a government with too much power could over run a person at their will. So he incorporated the ideas of the Magna Carta into our Constitution. (Hornberger, 2005) Over time this “Law of the Land” became “due process of the law”, in time the...
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...Framers of the constitution made sure that the government they created would not engage in practices such as inadvertently convicting individuals of crime that they did not commit. The Bill of rights and the constitution protects individuals accused of committing crimes in the United States. Among such rights “Due Process of Law” is the protection against arbitrary deprivation of life, liberty or property that was preserved in Fifth and fourteenth amendments of the United States constitution. In simple words it states that any person who is accused of crime will be guaranteed a fair and unbiased trail in order to prove their innocence. Due process of law is again divided in to Procedural due process of law states that government must use fair proceedings and Substantial due process states that the laws under which the government acts must be constitutional. According to George, (1989), some of the protections under procedural due process are rights against unreasonable searches and seizures, rights against double jeopardy, rights against self incrimination, right to fair trail, right to counsel and right to jury trail in the civil cases. Substantial due process is often used to overthrow government actions when it interferes with individual freedom when no more specific constitutional argument can be found. Marriage and abortion laws come under substantial due process for the people of United States. The notion of Substantial due process flourished during the Franklin Roosevelt’s...
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...his equals or by the law of the land.” Many a times, people have been wrongfully accused of crimes they did not commit and have faced unfair trials. The composers of the Constitution have gone to great lengths to ensure that our new government does not engage in such practice. The Constitution and the Bill of Rights now consist of a series of protections for someone who has been accused of committing a crime in the United States. The Constitution states only one command twice. The Fifth Amendment says to the federal government that no person shall be “deprived of life, liberty or property without due process of law.” The Fifth and Fourteenth Amendments provide the assurance of fair procedure. The Bill of Rights gives a number of rights affordable to those who have been charged with crimes. The basis of these rights is the belief that all individuals are innocent until proven guilty. The burden of proof is on the government to justify or give reason for the arrest and detention of a suspect in a crime. A writ of habeas corpus is used to bring a prisoner or detainee before the court to determine if the imprisonment is lawful. An individual cannot be held for more than a certain amount of time and not be formally charged with a crime. One of the most important rights of a person who is being charged with a serious crime is the right to a jury trial. Persons who have been accused of a crime have the right to prove their guilt or innocence determined by a group...
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...Rights of the Accused POL110 Jeanette Ramirez Professor Rogers May 1, 2013 Introduction This paper will discuss how due process operates, in the criminal justice system. We will take an in depth look into how the due process effects the criminal justice system. However, in order for anyone to understand due process in the criminal justice, one must first know the meaning of due process. The most commonly used form of sentencing is probation, meaning the suspect is set free but under supervision of a probation officer. Define due process and its origins. According to Black’s Law Dictionary: "Due Process of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty, or property, in its most comprehensive sense; to be heard, by testimony or otherwise, and to have the right of converting, by proof, every material fact which bears on the question of right in the matter involved. If any question of fact or liability be conclusively presumed against him, this is not due process of law." Black’s Law Dictionary, 6th Edition, page 500. Due process is a very complex subject to try to explain and define to where it is understood. In all its complexity due process just simply means that it holds the government subservient to the land of the law. Due process originated from the Magna Carta (1215), which were the Great Charter of English liberties where the nobles limited the King’s authority...
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...Rights of the Accused Down through the years our Constitution has undergone many changes and revisions for the sake of equality. The Constitution defines the rights of a free people, whose rights and liberty are derived from their creator (Meese, 2009). After the Civil War new amendments were added to the Constitution in order to ban slavery and protect newly freed slaves. The Fourteenth Amendment, ratified in 1868, implemented no state shall deprive any person of life, liberty, or property without due process of law (Wilson, 2011). The Fourteenth and the Fifth Amendment represent the right of due process. The due-process clause refers to fair procedures and equal protection of laws for all persons in the United States. The Fifth Amendment, ratified in 1791, also insists that no person shall be deprived of life, liberty or property without due process of law. Even though this amendment applies to the federal government, the due process clause guarantees that a party will receive a fair, orderly, and just judicial proceeding (Cornwell, 2005). The Constitution prohibits all levels of government from unfairly depriving individuals of their Constitutional Rights. Due process was designed to protect the accused against abuses by the federal government. Evidence gathered illegally or unlawfully can not be used in a trial. This method refers to the exclusionary rule. This rule allows evidence that was gathered in violation to the Constitution to be excluded and not permissible...
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...RIGHTS OF ACCUSED Assignment 1 Submitted to: Dr. Mehdi Nazer U.S. Government POL110 Prepared By: Nyleeche Perry July 26, 2012 RIGHTS OF ACCUSED Assignment 1 Define due process and its origins. Due process is a fundamental, constitutional guarantee that all legal proceeding will be fair and that one will be given notice of all the proceeding and an opportunity to be heard before the government acts to take away ones life, liberty or property. Due process originated in 1355 in chapter 39 of the Magna Carter although some believe that it goes back farther then that. When due process was discussed in the Magna Carter, it was know as the “law of the land”. Due process is discusses in the fifth as well as the fourteenth amendment of the U.S. Constitution. In the U.S. Constitution, it states that no person shall be denied the right of life, liberty, or property without due process of the law. The due process law means that a person has to be notified of any charges brought up against them. This also means that the accused person has the right to a fair hearing. Explain how due process protects the accused against abuses by the federal government. The due process clause in the Fifth Amendment was intended by the framers to prevent abuse of power on the part of the federal government. Before the Fourteenth Amendment was passed, the Bill of Rights only protected citizens from unfair treatment by the federal...
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...Jury Trial Analysis When an individual is charged with a crime, he or she becomes a criminal defendant. The United States Constitution provides these criminal defendants a number of rights that limit the fashion in which the government can investigate, prosecute, and penalize criminal behavior. These include, but are not limited to, the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury. Criminal defendants have the right to a public trial. This ensures that the government will not carry out any hearings in secret that may violate the individual’s constitutional rights. There are times when the court will hold a closed hearing to protect the identity of a victim, such as a minor. A criminal defendant also has the right to be tried by a jury of his or her peers. The type of jury varies from state to states but these juries are made up of members of the community that have been randomly designated by the court and chosen by attorney for both the prosecution and the defense. This leads the criminal defendant into the right to ask for a swift trial. The most intricate premises of the criminal justice system are that when justice is delayed, it is denied. The right to a swift and speedy trial is essential in a structure that places equality and integrity above all else (FindLaw, n.d.). Diligent trials promote civility within the criminal justice system. A speedy trial is one that is without any postponements. The Sixth Amendment...
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