The harassment included the bank vice president Taylor following the plaintiff into the bathroom, fondling the plaintiff, then pressuring her to have sex with him(Walsh p303). During the trial, it was revealed that Vinson with the fear of losing her job had sexual intercourse with Taylor several times and he sexually harassed her and made suggestive remarks. The allegations were denied by Taylor and stated that the dispute was business related. The bank also revealed that they were not aware of Taylor’s behavior. The vice president also created what the court decided was an objective and “hostile environment”(Walsh p302).
The fact that Boyd was a police officer was not the reason MacDonald’s accusation of a Charter breach was turned down. The decision was made with logic and reason, with no regards to either person’s position in society. The judge did not automatically take the side of the police officer; he looked at all the facts of the case which reflects the need for neutrality and equality in liberalism. The harm principle can be applied to this case as well. Sergeant Boyd pushed into MacDonald’s apartment in an attempt to discover if he or anyone else was in danger.
Sufficient evidence presented in the courts revealed that Ravi was led by primary intentions to find out more about the private life of his roommate (Findlaw, 2017). Without breaking the law, he ought to have held a manly conversation with his roommate to find out if he was gay or not. However, the defendant chose to intentionally break the law despite the knowledge that spying on someone’s private life is not only unethical but breaches the fourth amendment of the United States constitution. This is a criminal offense that should meet a more retributive punishment to discourage other people from committing similar
The Court in Harris adopted the "totality of the circumstances" approach which the Commission had previously set forth in its "Guidelines on Discrimination Because of Sex" and in its Policy Guidance "Current Issues of Sexual Harassment." Thus, in evaluating welcomeness and whether conduct was sufficiently severe or pervasive to constitute a violation, investigators should continue to "look at the record as a whole and at the totality of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred." The Court also noted that the factors that indicate
When evidence is introduced that the accused and the complainant have either been married or have been living together for a period of time, and in situations such as this, it’s the judge’s duty to direct the jury that any inference can have no bearing on the issues to be decided. Section 41 (3) (c), shows what amounts to similarity between the complainant’s behaviour and that alleged to have occurred as part of, or about the same as the occasions in question. According to Lord Clyde in R v A , the similarity need be neither ‘rare’ nor ‘bizarre’. The question in R v A was whether or not the defendant was allowed to cross examine the
Sexual assault is a very controversial issue in our society. The video by Mini Law, Understanding Sexual Assault Law, gives a detailed overview of Sexual Assault Law. It is presented by Professor Elaine Craig, from the Schulich School of Law. In her presentation she explains that the fundamentals of sexual assault law are the definition of sexual assault, definition of consent and rules of evidence. Overall, Sexual Assault Law in Canada is flawed and there is a lot of reform that must still be done.
criminal theories (Social disorganization and stain theory) Various theoretical perspectives have been advanced to explain how individuals end up committing criminal activities. The theoretical aspects fall into two broad themes. First, there is the explanation that social problems push individuals to engage in crime. Precisely, the environment that one participates in, as well as external factors, forces individuals to participate in evil. The other explanation is based on social responsibilities which indicate that individuals know the difference between the wrong and the right decisions and as such, decide to undertake in crime after making a conscious decision.
The due process model is seen to focus on the suspect whereas the crime control model focuses on the society. This paper analyzes these two models and based on the rate of crime in the society, makes recommendations as to which is the best model in criminal justice. The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty.
An important role is carried out by the criminal justice system in a democratic society. My philosophy and approach for balancing individual rights and public protection is that law enforcement authorities should restrict citizens’ liberties through force to compel obedience of law if those liberties cause harm to the society. Authorities maintain law and order by restricting freedoms of the citizens through force to constrain them to obey the law penalizing those who disobey the law. However, the citizens must be free to exercise the freedoms granted and guaranteed by the Constitution. Therefore, the law must give way to reasonable exercise of civil liberties when those freedoms do not cause harm to others.
This paper analyzes the role of ethics within criminal justice. The concept of ethics in general and within the justice context is briefly discussed and the differences between ethics in justice and ethics in real life are highlighted. The importance of equality in ethics in justice is also discussed, and the criminal procedures that are used to protect individuals from unequal treatment and other unethical behaviors are explained. The paper concludes that ethics play an important role in guiding behavior within the justice system. the term ‘’ethics’’ is rather ambiguous, as it can be understood in slightly different ways, depending on the perspective from which the definition is given.
This week’s material we took a look into the LGBT communities in the films Paris is Burning and Lucid Noon Sunset Blush. Each film took a different group from the community and showed how they lived and survived in society, both films discussed the various ways that people in these communities made money and example for both is sex work. While both showed examples of sex work they also showed examples of structural and interpersonal violence. The article by Stanley “Near Life, Queer Death” talks about the murders of Brazell, Paige, and Weaver each who were brutally murdered for being transsexual, gay, and a drag performer. Brazell and Paige’s murders were examples of structural violence which is when something is looked upon by society as being