It is independent of the legislative and executive branches. Judges are public officers appointed to preside in a court of justice, to interpret and apply the laws of Canada (The Canadian Encyclopedia, n.d.). Talking about the qualities required by a judge, they are required to have the highest standards of integrity in both their professional and personal lives. They should be highly knowledgeable about the law, willing to undertake in-depth legal research, and able to write decisions that are fair and convincing. Their judgment should be clear, and they should be able to make informed decisions that will stand up to close scrutiny and issues arising from the disputes.
It was a way for the government to administer these ‘treaty rights’ to the ‘treaty people’ (Nelson,137). It was an overarching treaty that established treaty rights, restricting FN’s rights to participate, vote, take part in politics, travel, along with being able to celebrate and embrace their culture (Nelson,137). Aboriginal people spoke up and represented themselves, the result was Section 35 in Canada’s Constitution. Section 35 acknowledges FN, Metis and Inuit people as Aboriginals (Nelson,137). Proper collective rights were established in the Constitution for Aboriginals.
Mello, highlighted on one particular case that led to his decision to no longer work directly in the American System of capital punishment, the case of “Crazy Joe” Spaziano. “Mr. Spaziano was the co-founder of the Outlaws Motorcycle Brotherhood group for the Orlando chapter. In addition to be wrongly convicted of a crime he did not commit and serving twenty years on death row, he was almost executed. Mello invested thirteen long years, totaling twenty six judges just to prove Mr. Spazinao’s innocence.
But the evidence was overwhelming and the reason he did it made no difference. The judge said it was one of the most horrific cases he’s ever dealt with and sentenced Moises to 25 years to life. 1 The Godfather of Matamoros Biography.com Adolfo Constanzo, also sometimes known as The Godfather of Matamoro was a Cuban-American drug dealer, serial killer, and cult leader who authorities believe may have murdered more than 20 people during the 1980’s. Adolfo was introduced to the dark world of voodoo and witchcraft by his mother. The pair were often arrested for petty crimes.
His sentence is changed from manslaughter and he has now been sentenced to 18-20 years in prison for manslaughter, followed by four to five years in prison for illegal possession of a firearm. (Ryan, 2013) During a trial, the evidence is again presented to a court of law or a jury. Being sentenced to Capital Punishment is very unlikely to happen for Burke, as the state of Massachusetts has abolished Capital Punishment and only uses it in very severe cases where the suspect is tried federally (McCarthy, 2014) instead of regionally, like the Boston Bomber Case. Burke most likely got this sentence, because he pleaded guilty, possibly after enough evidence was gathered to prove his guilt and thereby “has taken responsibility for shooting the victim, resulting in his death, over what appears to have been a dispute about money” (Boston.com, 2013) Burke is most likely to receive this sentence, because it is exactly the crime he committed. He committed manslaughter which was proven by the messages on the phone and apparently other evidence that has been found.
This case is about a man named Ronald Sparrow, who was criminally charged in 1984 for fishing with a drift net that exceeded regulation length under Section. 61(1) of the Fisheries Act. Sparrow is part of a Canadian-First Nations Band called Musqueam, and argued that S. 61(1) violates his rights under S. 35 of the Canadian Constitution. S. 35, guarantees all first nations, the protection of their fishing, logging, hunting, and land rights. The Crown’s argument was that Sparrow knowingly violated his food fishing license, however according to Sparrow, this law was inconsistent with S.35.
The idea of jury nullification comes to represent the ability for every citizen to be protected by biased legal actors and unjust law. Therefore, citizens are able to adjudicate between the facts of law and morality, and the sense of having the ability to protect society. Jury nullification is recognized by Canada to give “the citizen’s ultimate protection against oppressive laws and the oppressive enforcement of the law.” However, by encouraging the law and legal actors to promote the use of jury nullification; the jury may use this power to benefit themselves. Thereby the jury system undermines the legal system as a whole. The history of jury nullification goes all the way back to the 1670s.
The Conspirator written by James Solomon and directed by Robert Redford is the story of Mary Surratt’s trial and the legal system in 1865. Mary Surratt and seven men accused of conspiring with John Wilks Booth to kill President Lincoln was tried by a military tribunal instead of a jury of their peers. Four of the accused were convicted and hung and four were convicted of lesser crimes and sentenced to prison. Mary Surratt was the first female legally hung by the United States government. The government believed that Mary Surratt’s son was Booth’s right hand man but he had fled to Canada so they tried his mother for the crime instead.
The Milwaukee Cannibal was sentenced to 15 terms in prison for the murder of 17 men and boys in 1992, which adds up to approximately 957 years in jail. Dahmer was “...charged with four counts of first-degree intentional homicide…” after a victim escaped, and reported Dahmer to the police. The Milwaukee police found a tub full of acid, human remains, and gruesome photographs of Dahmer’s murders. After years of molesting, drugging, cannibalism, and performing necrophilia, Dahmer was killed in jail by another inmate in 1994 (Maranzani). Not all serial killers are men; Myra Hindley is an example of a female serial killer, also known as "The Moors Murderer" and "The Most Evil Woman in Britain" (The Most Famous Female Serial Killers).
This involves restriction of the rights and liberties of girls and women (Wikan 2002). However, there have been reported cases of honour killings in some cultural communities in Canada. According to the Department of Justice Canada : In November 2006, the Supreme Court of Canada refused an appeal from Adi Abdul Humaid of his conviction for first degree murder in the death of his wife in 1999. Mr. Humaid claimed that his wife's insinuations of infidelity caused him to lose control because of the significance of female infidelity in Islamic religion and culture. There has also been reported cases due to improper dressing and family conflicts.According to the Department of Justice Canada