Tuan Taruselli-Stormes Professor Monica Swaner English 102 February 20, 2017 A Rhetorical Analysis of “State of Oregon v. Kipland Philip Kinkel” October 16, 2002, P.J. Haselton filed court documents from the case of Kipland Philip Kinkel. This was a trial based on the 111 years and 8 months’ life term sentence Kinkel had received form an earlier trial for four counts of murder and 26 counts of attempted murder. Through this trial, they recapped the original trial, and deliberated over the evidence presented by Mr. Kinkel’s lawyers. Judge Haselton entertained the courts with their premises for grounds of inhumane violations of article I, section 15, and Article I, section 16, of the Oregon State Constitution. Judge Haselton presented a …show more content…
The following morning, he went to Thurston High School and began shooting students. During his shooting spree, he murdered four people, including his parents, and injured 26 others. Kinkel confessed to committing these malicious crimes. The police searched his house and found a large amount of bomb making material, improvised, explosives, literature, and an arsenal of weapons. Kinkel was found guilty and sentenced to 111 years 8 months (para 1). Kinkel had a long history of paranoid schizophrenia and depression. He also had a very long blood line history of mental illness. Medical experts evaluated Kinkel to the possibility of him being able to be rehabilitated and possibilities of returning to a regular life. The experts were very skeptical and doubtful. His sentence was challenged as inhumane, but Oregon State Constitution was very clear about his …show more content…
Other court cases were used during this trial to show their rulings and that they were not found inhumane. The effective use of logos in the court document helps persuade the audience that the case of Oregon Vs Tuel, were Mr. Tuel who committed a less offensable crime, but still received a life sentence that was within the guidelines of the state constitution. Judge Haselton of the Oregon Court of Appeal effectively uses rhetorical appeals to support the court’s original sentence as constitutional and fair. The use of expert doctors Bolstad and Sacks to determine that the possibility of rehabilitation is almost impossible and very unlikely for Mr. Kinkel. Also, the defendant interpretation of the Articles I, 15, was misinterpreted. Kinkel stated that the article was cruel and unusual. Judge Haselton pointed out that there might have been a chance of rehabilitation, but he was thinking of the people of Oregon when he passed down his verdict.
On November 19, 1898, Ariel Tritondatter was arrested on the felony charges of first- degree murder and breaking & entering. An arraignment was later held on November 22, 1898, which Ariel Tritondatter was informed about the charges she was faced with. Additionally, Ariel Tritondatter soon entered a plea of not guilty by reason of insanity Ariel Tritondatter’s criminal trial was set in the Circuit Court with both a jury and a judge called “Syed Ahmed Khan”. The defendant, Ariel Tritondatter, almost didn’t converse throughout the trial, but soon she took a stand to defend herself.
Good morning I am Luke Thomsen, I am representing the State of Maycomb on a case about Sheriff Heck Tate’s poor investigation. On two counts we will first hear about his poor investigation in the Tom Robinson V, Mayella Ewell case and in the death of Bob Ewell for we never found out who truly murdered Bob Ewell for Sheriff Heck was too lazy to document it. THE THEME AND THEORY
In the present year of 2016 there has already been 7 school shootings around America. The rhetorical analysis of the court document “Kinkel vs The State of Oregon”. The document was written to explain the arguments of both sides of the court and to justify the decision made by the court and judge Haselton through facts and rhetorical accounts of events that transpired of Mr. Kinkel and his actions of the school shooting. Judge Haselton clearly uses Ethos, Logos, and Pathos within the analysis which is used to his advantage. Judge Haselton was writing to many audiences, the most important and crucial are the defendants and the victim’s family members present.
In the January 29, The Stanford Daily editorial Stanford, California, it debates the different essential of the principle of morality and identified Brock Turner had applied a use of force in raping an unconscious woman behind the dumpster. Furthermore, the young man attended Stanford University and participated in his college swim team dreamt of partaking in the Olympus. The victim heartfelt statement during the trial is disregarded because he comes from a class of privilege and is a man. Not to mention, Brock Turner’s father wrote a letter to expressing the universalizability to court saying, “my son’s life shouldn’t be ruined over 20 minutes of action (Dreher,Rod).” Therefore, Aaron Persky who is a California judge implemented an ethical decision that contemplated the clarity around both the specific choice and decision then declared a six months sentenced ruling.
Case Citation: Cobbs v Grant, 8 Cal 3d 229 (1972) Procedural History: The case for the judgement on the malpractice suit against Grant was held in a trial court. For the returned verdict against the defendant, the appeal was held in the Court of Appeal. Legal Issue: The case was brought before the jury to decide and analyze two legal issues.
Edwards v. Aguillard Edwards v. Aguillard is a supreme court case that challenges the legality of the Creationism Law. The creationism law said that you didn’t have to teach evolution,but if you did you also had to teach creationism. The law was ruled unconstitutional in a federal court and then an appeals court. It was then moved to the supreme court, the supreme court ruled in a 7-2 decision that the law broke the establishment clause and therefore was unconstitutional.(Gordon) The law was first challenged by a parent of student who objected the legality of the Creation Law.
The Killer at Thurston High Summary: In September 1998, Kip Kinkel admitted to killing his guardians in their home on May 20, 1998 and the following day, strolling into the Thurston High School cafeteria and splashing understudies with 50 rounds from a self-loading rifle, killing two understudies, Ben Walker, 16, and Mikael Nickolauson, 17, and injuring 25 others. Kip was accused of four checks of bothered homicide and 26 tallies of exasperated endeavoured murder (for the 25 understudies he injured, in addition to his later ambush on a police investigator.) In November 1999, he was sentenced to over 111 years in jail, without a shot of parole.
Imagine a being in line to vote for non-slavery in the newly established state, Kansas, right before the voting house became overfilled with southern voters voting on slavery. The Kansas-Nebraska act allowed the people of the Kansas and the Nebraska Territories to vote on whether the state is a non-slave or a slave state. The Kansas Nebraska act should have never happened because it overturned the Missouri compromise, violence broke out in kansas, and southern voters illegally voted in the kansas voting. One of the main reason why the Kansas-Nebraska act should have never happened is because it overturned the Missouri Compromise which was made official in 1820. For example, “To win southern support, Douglas proposed that slavery in the new
The most important issue that must be addressed in this case is the principle of the “evolving standards of decency” and the uses of a national consensus. The “evolving standards of decency” were developed by Trop v. Dulles and have been implemented in one way or another in all of the precedents dealing with “cruel and unusual” punishment. It is important to treat these principles as an important aspect of “cruel and unusual” punishment jurisprudence, therefore turning from these set of principles would be foolish and a disregard for every precedent. However, it is important to acknowledge that each case satisfies the standards by using a different method; some use the presence or lack of state legislature as a judgment of consensus while others look at foreign countries.
The Fourth Amendment the Search and Seizure amendment was first passed by Congress on September 25, 1789 (National Constitution Center) that states the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures (National Constitution Center). For the first one hundred years after this amendment was This amendment of the Constitution has been used by both civilians and governmental officials as proof of why they believe an incident that occurred was fair, or unfair. However, there have been times when deciding the fairness or unfairness has not been crystal clear. For instance, the case of Tennessee v. Garner that was first argued on October 30, 1984, and later decided upon on March
Sophia P. Olsen Amber Tomas Laungage Arts H 20 March 2023 Tom Robinson VS Mayella Imagine sentinceing an innocent man to death. Are you really going to kill an innocent man? How will you be able to sleep at night when you know you sent an innocent man to death?
The courts decided to civilly commit Hendricks because of his mental abnormality, but they did not criminal commit them. Hendricks appeal the decision claiming the state was unconstitutional using ex post facto and double jeopardy laws. The State Supreme of Kansas said nothing about Hendricks claim of double jeopardy and ex post facto, but they found that the act was invalid because metal abnormality did
In the novel To Kill a Mockingbird by Harper Lee the term mockingbird symbolizes innocence in a person. In the novel it focuses on the fact that innocence, represented by the mockingbird, can be wrongfully harmed. There are two characters: Tom Robinson and Arthur “Boo” Radley that are supposed to represent the mockingbird. In the novel, Tom Robinson is the best example of a mockingbird because he is prosecuted for a crime he did not commit. Also, he was judged unfairly based on the color of his skin in his trial.
During Kemper’s trials, he tries to plead for insanity, with his Defense attorney, Jim Jackson, agreeing with him. The three psychiatrists who evaluated Kemper say differently, they all agree that while committing his crimes Kemper is fully aware of what he was doing. Kemper, Jackson, and the three psychiatrists ⎼ all agreed that if Kemper were to be released he would kill again (Honig)(SC 9). When asked how he should be punished Kemper asked for ‘death by torture’ except that in California the death penalty only became applicable on January 1, 1974 (“Edmund Emil Kemper
Innocent people who are incriminated under improper evidence are hanged. Parallel in the McMartin day care abuse case, the McMartin family, who administrate the establishment, and other members are accused illegally of having abused sexually numerously of the children under their vigilance. The accusations used against the McMartin