The R.v. Ewanchuck (1999) case is a case that shook the Canadian criminal justice system and is considered by feminists a victory because the judge’s decision reflected rape myths and the case is being praised with addressing rape myths in the criminal justice system. The details of the case are; Ewanchuck invited a 17 year- old woman into his van for a job interview ( Dumont, 1999, p. 102-109). After the job interview concluded, Ewanchuck insisted that the woman see his paintings, which were in a trailer behind the van ( Dumont, 1999, p. 102-109). Ewanchuck then took the woman inside the trailer and began to make a series of sexual advances ( Dumont, 1999, p. 102-109). Every time, the woman would say “no” Ewanchuck would stop and then continue
Driver of vehicle 1, Renneker stated she picked up four customers for a carriage ride before traveling southbound on South Leonor K Sullivan Boulevard. Renneker said she observed the bridle over the horse eyes fall off; at which, she stopped and exited the carriage to reapply them. Renneker said she advised the passnegers to exit the carriage while she was reapply the bridle. Renneker said as she was reappling the bridle a helicopter took off from the landing paid and she believed it spooked the hourse. Renneker said the house took off running southbound on South Leonor K Sullivan.
I. QUESTION PRESENTED What is the impact of Mr. Roberts and Ms. Turley holding their new home as joint tenants in a community property state? II. SHORT ANSWER By opting to hold the new home as joint tenants in a community property state, the couple will realize the higher level of creditor protection afforded by a joint tenancy but will lose the significant tax benefits afforded under the community property tax regime.
Vonlee Titlow was tried for murder when she and her aunt Billie Rodgers killed Billie's wealthy husband Donald Rodgers. The prosecution Presented Titlow with a plea bargain of manslaughter, for her testimony against her aunt Billie in her trial. Shortly before the Trial of Titlow's aunt Billie, she had a conversation with an officer, who instructed her not to take the plea if she was, in fact, innocent. After this conversation, Titlow got rid of her current lawyer for new counsel in her case. Toca who was brought in as this new counsel fought to get the length of the plea reduced to a lower term.
On May 12, 2013 a Sydney man Mr Lazarus was accused of raping an 18 year old woman in an alley outside his father’s nightclub. This case caused discussion about NSW sexual consent laws. This case clearly highlights the effectiveness and some major flaws of the legal system. During the first jury trial in NSW District Court Mr Lazarus was convicted for rape without sexual consent and resulted in a maximum of five-year prison sentence. After serving in prison for 11 months the Court of Criminal Appeal conducted a second trial for the case which resulted in an acquittal as Judge Tupman claimed that Mr Lazarus truly did believe that Ms Mullins did consent which is a crucial element of the offence of sexual intersource without consent.
Name of Case: LaChance vs. Erickson Court: U.S. Court of Appeals, Federal Circuit, and the U.S. Supreme Court Parties and their roles:. LaChance, director, Office of Personnel Management petitioner; Erickson et al Responded Relevant facts: Federal employees made false statements to agency investigators with respect to their misbehavior. The legal issue(s) raised: The legal issue raised was that the respondents, federal employees were charged by their agencies because each of them made false statements to the agency investigators with respect to their misconduct.
In the case of Gagnon v, Scarpelli( 1975), were Gerald Scarpelli and his friend Fred Kleckner were arrested in Illinois, on August 6, for burglarizing a house. The officer captures the two and read them their constitutional rights. Afterward, Scarpelli admitted that he and Kleckner did, in fact, broken into the home and take merchandise and money. Upon his arrest, his probation office revokes his probation without a hearing. His probation was revoked for associating with a criminal and catching a new charge.
Facts: Earl Enmund along with a codefendant at the Florida Supreme Court, was convicted of first-degree murder and robbery as well as given the death penalty. Enmund was not present at the time of the murder, he was in the car waiting for the codefendant to return in order to escape. Under Florida law Enmund was made the aider and abettor meaning that he can be held to the same extent as the principal. Issue: Does the death sentence violate the Eighth and Fourteenth Amendment for someone who did not commit the murder but was the getaway driver? Reasoning:
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.
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. What is Abuse? It is the hurting of one mentally, physically, emotionally, and verbally.
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.
According to the research of Kimberly Lonsway and police sergeant Joanne Archambault, when an individual is raped in the United States, 96% of the time the rapist dodges the crime. The majority of these rapes do not go through the prosecution process and when they do, less than 0.2% of these perpetrators spend time in a prison cell (Krakauer 121). The main cause of this ongoing problem is the ineffective and unfair representation of rape victims by the justice system. Jon Krakauer argues this point in his novel, Missoula: Rape in a College Town and the Justice System, using narratives as his main focus of support. Through this use of narratives, Krakauer appeals to logos, encapturing the various actions and perspectives of those who played
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 the book, Missoula: Rape and the Justice System in College Town, by Jon Krakauer, the reader delves into how rape and sexual assault are treated in the town of Missoula, and the University of Montana. As the reader, we are informed on how the university, the police department, the district attorney’s office, and the community reacted to these rape and sexual assault allegations. We see how the criminal justice system has failed the victims, and are forced to live with what happened to them, while their assailants are free of any burden. The law is set in place to protect people from victimization, but when the men, in this book, are not legally held accountable, then any woman, or man, is more susceptible to victimization. It is interesting
THE INTRODUCTION Good afternoon, my name is Lucas Kunstleben, and it is my honor to represent the State of Maycomb and to serve as a prosecutor on this crucial case. On August 26th, 1936, the defendant in this matter lied under oath and on the stand in the case of Mayella Ewell v. Tom Robinson. The defendant lied about the events that took place on the night of August 26, 1936, between her and Tom Robinson. At the end of this case, and after you have heard all the evidence, we are confident you will return a guilty verdict on all charges of lying under oath.
In 2011, the same girl, now 11-years-old, was gang raped by 20 men for the second time in two years. The perpetrators received between a 15 year and 99 year jail sentence. In the trial, the prosecutor described Cruse, an offender who received a life imprisonment after the incident, as one of a ‘pack of dogs’ who gang raped the girl and likened the victim to a ‘spider’ who lured men into her web. The assault was videotaped showing Cruse as a proud man after his buddies were constantly saying, “beat that ho.” The judgement against this girl for bringing the crime onto herself is discrimination.