Michael Kosina Professor Davis Philosphy 1000C 3/10/16 Midterm Essay Protesting an unjust law is a courageous act. When protesting an unjust law there are three main directions that a person or group can take. The first path is the one that Socrates takes which is by voicing his opinion and using persuasion but yet following the unjust laws and being civilly obedient. The next possibility is by actively protesting through the use of nonviolent resistance.
On March 7, 1994, the governor of California signed into law the "Three Strikes" legislation (Harris & Jesilow, 2000, P185). The law was originally set in place to hold those who committed serious felony offenses accountable for their second and third convictions, and intended to send a “…message to those who would prey on the innocent” (Harris & Jesilow, 2000, P185). The second offense would include penalty twice the prison term and a third would result in a sentence three times the normal stint given or a term of twenty-five years to life, whichever is greater. The “Three Strikes” law significantly disrupted the efficiency of the court system by increased trials and greater workloads and made predictions of case outcomes difficult. The “Three Strikes” law not only cause and influx of work and jail population but was also ineffective in “punishing” those who were committing the crimes, eventually leading to a revision of the law in 2012.
Jury nullification is a finding by a trial jury in contradiction to the jury's belief about the facts of the case, which occurs during a trial when jurors acquit a defendant, even though the jurors may believe the defendant to be guilty of the charges. (Legal IQ, 2017) Jurors have an obligation to follow the law, as interpreted by the trial judge when rendering a verdict; therefore, judges instruct jurors in this obligation. (Hall, 2014) However, “a defendant has no right to insist that a jury is instructed that it has the authority to nullify the law” (Hall, 2014, p. 577).
I believe peaceful resistance to laws positively impacts a free society. As citizens of the United States, we are born with certain natural rights. According to John Locke, an eighteenth century philosopher, natural rights are not bestowed by the government, but inherited by birth by virtue of the fact that we are human beings. These natural rights include life, liberty, and property. He theorized that the purpose of government was to protect those rights; and if it did not, it would lose its legitimacy and need not be obeyed.
Majority verdicts are a means to reach an agreed verdict by allowing the jury to have eleven to one votes or in the case of a smaller trial, ten to one. There is a lot of controversy about majority verdicts and whether they are an improvement or a diminishment of the original unanimous verdict. Samuel Brownback is an American Politician who believes that our legal system needs to be improved and reformed; one such method of improvement is majority verdicts. Although majority verdicts can sometimes result in an incorrect sentence, its benefits are more beneficial with some benefits being; fewer mistrials occurring, less impact from rogue or stealth jurors and avoid having jurors bribed or intimidated. Majority verdicts are when all but one juror
Juries have been around for over one thousand years. “The jury system originated in Normandy and was brought to England by William the Conqueror in 1066” (Judiciary). The jury system back then was more like a group of witnesses telling the court what they knew about the case at hand. When England was introduced to the jury system, “the king reserved it for his use only” (Judiciary). “The jury would provide the king with evidence; and he would in turn make the verdict” (Judiciary).
"Ending the war earlier saved possibly millions of lives, both Japanese and American. "(Jake, closing statement) This compelling statement convinced me that the bombing of Hiroshima was an act that flowed logically from history, and we cannot in retrospect claim to know what the Japanese would or would not have done. However, I think that had I been there, knowing what I know now through compelling evidence from the defense team, I would have been trapped in a logic that ultimately justified itself: Japan surrendered, and Asia was saved from a greater evil. This was the major reason provided for seeking a 'quick end' to the war through the use of the atomic bomb.
The judiciary is an independent arm of the government that ought to operate without influence or threats from the government or any other organization. The independence of the judiciary ensures it executes legal matters without bias and within the jurisdiction of the law. In England, sources of law include “legislation, common law, and European Union law” (Judiciary.gov.uk, 2016 n.d). Juries play significant roles in ensuring fair trials within the legal framework of the country’s constitution. Juries became an integral part of the judicial system as early as 1215 the same year that Magna Carta acknowledged the right to free trial through judgment by peers.
Horror stories about the brutal treatment of inmates in prisons has been the focus of several popular movies over the last few decades. The fact is that prison brutality is real and prisoners at Alabama prisons went on strike to protest against inhuman conditions and treatment at Alabama prisons. The 29,000 male and female prisoners that are housed in Alabama prisons went on strike May Day. The prison strike clearly showed that prisoners are coming together to organize and demand better conditions along with better treatment.
peaceful resistance positively impacts a free society because they are peaceful and not violent to other people. they wouldn't harm the other resistances because they haven't done anything wrong and they haven't bothered anyone. no one is against anyone else we are all just friendly people nice to other families. We all hangout and have fun and play nice we don't do anything bad or wrong. the letter from the Birmingham jail was for Martin Luther King Jr. peaceful resistance are the most kind people you could possibly know and come to know.