In “Crime and Punishment: The saga of Richie Parker” published in Sports Illustrated, Gary Smith helps to explain just how many people are affected by a single sexual assault case. He does this in a very unique style by giving 12 sections explaining the incident from different points of view and the effects of a single crime. One person affected was Jill Agostino, the sports copy editor for Newsday. Her unnamed colleague had given her a copy of an article he was writing on Richie Parker and called asking if she liked it. Little did he know, stories like his were keeping her up at night, reminding her of the time she was raped nine years earlier. Agostino was enraged because people were sticking up for Parker, saying things like, “boys will
This is a respectful submission of the prosecution arguments regarding the case R. v. Collins. The arguments will show that the evidence ceased at from the accused should be admissible in the court of law as a Mrs. Collins section 8 Charter right was not violated (R. v. Collins,  1 S.C.R. 265). Case laws along other judge’s interpretation will reinforce the arguments presented. The paper will establish arguments based on reasonable grounds, the good faith doctrine and the admissibility of evidence. The accused was arrested by two Royal Mounted Canadian Police (RCMP) officers at the Cedar’s Pub with possession of heroin for the purpose of trafficking (R. v. Collins,  1 S.C.R. 265). The accused deemed the search conducted by the RCMP
The case of R. v. Schoenborn is a troubling case involving the death of three children and the defence of not criminally responsible on account of mental disorder. This defence must be critically analyzed along with the evidence and expert opinions as it could absolve the accused of the charges. As well, the precedent that the verdict provides is critical to the legal system and its future implication and thus give the decision more importance. After a thorough examination of the facts, it is evident that the verdict of the Supreme Court of British Columbia is correct and reflects the administration’s objectives and beliefs. This will be demonstrated through the application of legal principles and elements.
In 1967, William Baird was arrested after giving away vaginal foam to a 19 year old woman following a lecture at Boston University about contraceptives and over-population. At the time, in Massachusetts, it was felony offense to disburse birth control methods to unmarried men or women. Eventually, Eisenstadt v. Baird was heard in the United States Supreme Court in 1972. In a 6-to-1 judgement, the Court ruled against the Massachusetts statute, but it was not in aggreeance with the due process of Griswold v. Connecticut, instead it was the Equal Protection Clause that was the deciding factor as reported by Justice William J. Brennan. He wrote, “If the right of privacy means anything, it is the right of the individual, married or single,
Missoula: Rape and the Justice System in a College Town is a in-depth look at the issue of sexual assault on college campuses as told through the stories of students at the University of Montana in Missoula. Through the narratives, author Jon Krakauer ties in statistics and information creating an effective work that stands as emotionally compelling while remaining grounded and applying these stories to the greater problem of sexual assault. It tackles one of the biggest problems surrounding sexual assault in general, the treatment of the accused compared with the treatment of the accuser. Though Missoula focuses on the victims, it does provide much of the necessary background and possible motivations for the assaulters. These insights contribute
Thurman V Torrington is about a wife whom has suffered from many years of abuse and harassments from her husband. Throughout the many years of this abuse Mrs. Thurman has called out for help in which she never received. Even though her husband was arrest once it never ended until it was too late.
The case, R. v. Morgentaler, was a case in which three doctors, including Dr. Morgentaler set up a clinic where they performed abortions for women who did not have the approval from a therapeutic abortion committee of an approved hospital. Abortions done without this approval were considered illegal. The Supreme Court of Canada concluded that the abortion provision in the Criminal Code was unconstitutional because it violated section 7 in the Canadian Charter of Rights and Freedoms.
In 1875, John Smith was unjustly arrested for an assault charge placed against him by his wife and the mother of his children. It began with a standard marital argument that included subjects such finances, the husbands sporadic work schedule and the wife’s claim that the John Smith’s drinking only made their problems worse. Mr. Smith told his wife that “he had not been drinking and that if (she) did not shut up that he would hit her”(Smith). Mrs. Smith continued to shout at her husband, all the while being in front of their child and the neighbors child. Mr. Smith then proceeded to walk over to a pile of kindling wood and a picked a piece about (roughly two inches in diameter) and then proceeded to walk back over to his wife with the piece
Under Massachusetts law, does Richard Melville a twelve-year-old boy, non-tenant of 666 Elm Street, a building owned by C.D. Management Corporation (“C.D Management”), assaulted in their basement, fall within the category of people that C.D. Management owes a duty of reasonable care?
Cathy Young, in her article titled “Feminists want us to define these ugly sexual encounters as rape. Don’t let them,” takes up the claim that the definition of, and by consequence social and legal ramifications for “rape” has extended past the scope of reason. Young explored her claim by providing examples of personal sexual encounters she has had with various men, and how she does not feel as though these men should be thrown under the bus, where modern feminists would be quick to the task. She goes on to describe the ways in which possible counter arguments are flawed logically. Young takes up an opposing viewpoint to an increasingly popular feministic mantra in order to convince those unconvinced or unfamiliar with third-wave feminism that
In 2005, the accused was charged with acts of indecency held in a common bawdy-house. The accused ran a club within Montréal, that permitted couples and single people to engage in group sex. The club required paid memberships, which were obtained by interviews to establish that they understood the activities that took place within. Security was in place to ensure only members were allowed in.
After listening to the oral arguments and reading the opinion of the court, I believe I have completed the second part of my analysis for the Witters case. The Court ruled in favor of the petitioner Mr. witters in a 9-0 majority. The Court ruled that the lemon test established in Lemon v. Kurtzman was applicable in this case, and that aid to Witters would meet the standards set in the lemon test. The Court ruled that the primary effect of the statute was an effect on Witters, not religion. Where the aid money would be spent the court noted was made solely by the individual, therefore the Court ruled that the state of Washingtons ' statute had no excessive entanglement with religion. because the statute provided the money directly to individuals
Turchik’s article Myths About Male Rape: A Literature Review explores the ways in which mainstream media has satirized male rape and inadvertently created several myths concerning the topic that are widely regarded to be true today. The article further examines how the media promotes heavily stereotyped views of male rape with male rape exclusive to certain people and occurring only in certain areas. Further discussed is the idea that male rape is often depicted as a humorous topic in mainstream media which further promotes male rape ideologies and encouraging the belief that male rape is a humorous topic and something that can and should be taken lightly. Furthermore, Turchik discusses how awareness towards male rape in the media has increased, however, coverage largely portrays stereotypical views of male rape, male rape as consensual rather than forceful, male rape as an exclusive issue towards homosexuals and alleged male victims as liars. The hypothesis as well as the findings provide a solid foundation to my literature review as they provide proof that the acceptance of male rape myths is a very common trend among the general public, media and law
In the NY Times article “A Rapist’s Nightmare,” Nicholas Kristof notes the change of laws and life in Lucknow, India based on one young girl’s ability to stand up against her rapist. In northern India it was common for men to rape the girls, but that all changed when Bitiya a teenage girl fought back, and filed a case against her rapists endangering not only herself, but her family as well. “I want them in jail”, Bitiya says showing her determination to not only stand up for herself the other victims as well, she wants people to know that rape is a serious matter and you will be punished for it(Kristof 2). The rape suspects were eventually arrested, and even had to sell their land in order to make bail, people in this area are now realizing
Sexual assault laws have been amended and created over time to ensure the criminal justice system remains sensitive to the tribulations involved in rape trials for the victim. However, the connotative capacity of language used in evidentiary testimonies in rape trials can defeat the purpose of these reforms as ‘language is not merely a means of putting forth evidence in a case, but it in fact transforms the nature of evidence itself, thus influencing the outcome of the case’ (Maheshwari 2014:1).