The R vs Papajohn case took place in Vancouver of 1979. It was one of the first controversial sexual assault cases because of the issue of false consent. Geroge Papajohn was accused of sexual assault and found guilty. George Papajohn put his house up for sale and acquired the help of a real-estate agent, Constance (real name is protected under rape shield act). Because of the differing stories gave to the court, Papajohns intentions remain unclear. Did George Papajohn commit sexual assault or was it an honest mistake of false consent? The story follows: Papajohn and Constance met at La Couscous Restaurant to discuss business. Several of Pappajohn acquaintances joined the two for short periods of time, including Papajohns wife, Louise, a salesman …show more content…
Beginning with the start of their meeting where Constance waited 15 minutes outside for him, while Papajohn remained seated awaiting her inside the restaurant. If the two were supposedly business partners why would Constance need Papajohn to walk her inside as if they were together? The two met as realtor and client at La couscous, however, Constance comfortably spent a great deal with his friends, including his wife. Not only that but Constance as a professional realtor had a massive sum of alcohol to be discussing business with her client. Lastly, Constance did not object when the dress owner referred to her as Pappajohn's “lady friend”. The following factors could have sent Papajohn mixed signals even before arriving at the house, topped off with allowing him to drive, Papajohn till now seemed like he had consent. Following the events that took place in the house, certain factors did not add up, for example, Constance’s necklace was carefully placed on top of the table along with her blouse hanging neatly in his closet. Her actions demonstrate that she had the intention to remain at the house for some time and although she said no, her actions argued yes. In addition, when Papajohn’s past relationships were brought into the light, both of ex-girlfriends admitted bondage with Papajohn but stated that he had never forced them and when they said no, he respected their decisions. Never did …show more content…
In conclusion, this defense if mistaken belief should be put to the
Since the second wave of feminism in the 1960’s women have demanded for equality rights. The R V. Ewanchuck case created many disagreement’s with feminists on the topic of rape myths. It has not only been seen as a precedent for the criminal law but as well an eye opener for the society to create awareness for this act. Since society continues to support most rape myths, it overlooks the act itself and puts the blame and responsibility on the victim as opposed to the perpetrator. This has created a rape culture within society. The term rape culture was created to demonstrate the ways in which victims were blamed for sexual assault, and how male sexual violence was normalized. Feminists are exploring the world of rape myths in Canadian law
Fraud is one of Canada's most severe acts of financial criminality as the economic impact of this crime could potentially handicap an entire society. According to the Canadian Anti-Fraud Centre Annual Statistic Report (CAFC), a report established to monitor fraud with the aid of the Royal Canadian Mounted Police (RCMP), and Competition Bureau of Canada, it reported an annual loss of 74 million dollars affecting over 14,472 victims (Canadian Anti-Fraud Centre, 2014). Given this alarming statistic, it is worrisome that we as a society still ignore or turn a blind eye towards those who commit fraud as seen in the low conviction (Canada Revenue Agency, 2014), and focus our efforts on petty thefts as seen with the high rate of convictions
The conviction of guilty offenders when adhering to the guidelines of the NSW criminal trial process is not difficult based on the presumption of innocence. However, due to features of the criminal trial process, established by the adversarial system of trial, cases can often involve copious amounts of time and money, particularly evident in the case of R vs Rogerson and McNamara where factors such as time and money are demonstrated to be in excess. In addition, characteristics of the adversarial system such as plea bargaining has the power to hinder convictions due to the accused having the authority to hire experienced and expensive lawyers to argue their case, hence maintaining their innocence.
Ehrenreich understands that her current employment will not provide her with enough pay to live on. She interviews and is hired at another restaurant called Jerry’s. Unfortunately, Jerry’s is a train wreck. At this restaurant, Ehrenreich finds that the restaurant layout is deplorable. The kitchen of the...
The Schenck case in the early 1900s dealt with the freedom of speech as it related to the draft of World War I. Charles Schenck sent mass mail that stated “the draft was a monstrous wrong motivated by the capitalist system” (Schenck v. United States). The federal government found this to be in violation of the Clear and Present Danger Test as well as the Espionage Act and arrested Schenck for his actions. The case proceeded to the Supreme Court and was ruled in favor of the United States unanimously. The opinion of the court violates the free speech clause as well as a right to have peaceful protest by denying Schenck to share his opinions of the draft with others despite the opinion of the government on this action. Due to these violations the ruling on the Schneck v. United States case should be overturned in order to protect the right of free speech and protest to all citizens.
Florence is in her headquarters at the hospital, she works at. She is writing a letter to a patient's mother. When all of a sudden, Mary, a fellow nurse, walks in. Mary and Florence talk about how nice it is to work with each other and how happy Mary is here. Mary quotes, “ I’m glad I’m here with you Miss Nightengale. Good Night.” at the end of their discussion.Also, they talk about how both of their families don’t really want them there. They talk for a little and Florence seems very at home and happy. Later, after Mary had left, two gentlemen come to talk to Florence. It is Dr. Goodale and Dr. Hall that have come to speak with her. After talking for a while they both leave and let Florence to her work. In the hospital, Florence seemed like an entire new person, she was much more
R. v. Lavallee was a case held in 1990 that sent waves through the legal community. The defendant, Lyn Lavallee was in a relationship with her partner, Kevin Rust, in which he would abuse her both mentally and physically. On the night of the incident, Lyn and her husband got into a fight, her husband pulled out a gun and told her if she didn’t kill him now he’d be coming for her later. When leaving the room, Lyn shot Kevin in the back of the head killing him instantly. She was convicted of murder, but when brought before the Manitoba Court, she was acquitted of the charges. An appeal was made to the Manitoba court of Appeal on the grounds that expert testimony should not be admitted as evidence in the courts. They argued that the jury was perfectly
When Denny’s late wife Eve dies, his whole world is changed. Trish and Maxwell - the evil Twins - plot against Denny by pulling him into a major court battle. As a result, Denny is forced to sacrifice major opportunities in order to win custody of his daughter, Zoë. “ “I appreciate your generous offer,” he [Denny] said. “But I’m afraid certain things prevent me from leaving this country – or even this state – at the moment. So I have to decline.” (Stein 276) Luca Pantoni – a man that worked at Ferrari – asked Denny if he wanted to move out to Italy with his family where he could test cars for a living. With the major court battle going on Denny had to politely refuse the offer. Knowing Denny’s personality it would have been difficult for him to decline such a great offer, but at that moment he had to think about his family first. Next to Eve, Zoë is the most important person in Denny’s life. The death of Eve was unexpected for both Denny and Zoë, but Denny could not let his sadness and frustration show...
On the surface, it seems that determining how much power courts have would be a simple task. However, history has proven this to be false. The courts have been viewed in many different ways through out the history of our country. There are three common views of court power that are important for modern scholars of the court system. Those who believe courts have little power to cause social change are said to adhere to the Constrained Court view. Those who believe courts have a great deal of power to cause social change are said to adhere to the Dynamic Court view. The final, and youngest, take on court power combines aspects of the Constrained and Dynamic views into what I shall call the Condition Dependent Court view of power. This view sees that there are certain conditions which allow the court to cause social change.
...this building could be called anymore. She had said "What have I done to my baby Merricat... No house. No food. And dressed in a tablecloth; what have I done?" (p.136) The only solution she could find in order to protect herself and her sister is to isolate themselves once again. She found that isolation was much more friendly towards her than the villagers. In a sense, Constance had let herself get carried away with change up until it cost her the house.
In the story he tells us how he and his father would sit and wait at the restaurant his mother worked at. How is mother would whirl around the restaurant “pencil poised over pad, while fielding questions about the food” (9) calculating each step she took. “She walked full tilt through the room with plates stretching up her left arm and two cups of coffee somehow cradled in her right hand. She stood at a table or booth and removed a plate for this person, another for that person, then another, remembering who had the hamburger, who had the fried shrimp, almost always getting it right.” (10) He described his mother’s calculated steps and how she had to modify her behavior for the needs and wants of each guest and table.
Also the prime suspect had other charges pending against him such as possession of illegal substances and the homeowner of the vacant crime scene said the man was a recovering addict. During the conversation with the officers Johnson refused to give up his DNA sample. The man profess he had not commit any murders and did not commit any crimes regarding the matter. Officers then compel him to give his DNA sample with a warrant compelling him to follow the order. Moreover, after the crime was committed it was discovered that Johnson try to sell one of the victims’ cell phone. He was trying to get rid of the evidence that could implement him on the crime. Witness came forward to verify this story that Johnson indeed try to sell the cell phone for cash. In addition, witness said that Johnson try to be the pimp of the victims that he was
At the beginning of the story, in plot “A”, John and Mary are introduced as a stereotypical happy couple with stereotypically happy lives of middle class folks. Words like “stimulating” and “challenging” are used repetitiously to describe events in thei...
Then she saw a greasy china plate that had bread crumbs, cheese and sausage. The pungent of cheese made her stomach grumble. The man was very rude and insulted her because she couldn’t read. Then Frances headed home and on her way, she bumped into a girl with a nice, green, winter coat. She imagined her Ma in that coat, twirling around with a smile on her face. The girl’s mother said a rather offensive sentence about Frances and walked away with her daughter.
In the story, Louisa runs away the day before her sister’s wedding. After running away from home, Louisa takes the train to Crain. When she gets there, she buys a tan raincoat and drops off the old jacket. She then takes the train to Chandler. When she gets there, she buys a suitcase and other items, such as some stockings and a small clock. She now needs to find a place to get herself settled. She finds a place to live, at Mrs. Peacock’s house, and gets a job at the stationery store. One day, Louisa sees Paul at the train station. Paul desires Louisa to come back, and Louisa agrees. When she arrives at her house, her family can not recognize her and thinks that she is an impostor. Louisa...