I believe that the Canadian Legal Information Institute is the most valuable citation in my research because it has all the information I need about my case. This includes reasons for sentence, a report from a psychologist, Gladue report and the reasons and analysis of the case from the judge. The events that occurred on the day of the crime on July 16, 2011, Ms.Flett went to a rooming house located at 288 Austin Street, Winnipeg and set fire to a couch on the front porch. She did this because she was angry at her boyfriend’s mother for calling the police as a result of the fight she had prior with him. Ms.Flett was aware that seven other tenants lived in the home along with Marie Flett and Lynette Harper, she had also mentioned to her boyfriend …show more content…
This is important because no information is left out and the information found on this website cannot be found on any of my other resources. The evidence from an expert can make the resource scientifically correct since it evaluates Ms.Flett’s mindset this includes alcohol level, mental health and illness at the moment of the crime. The reasoning from the judge is valuable because it allows everyone to understand what the judge took into account when making the decision of the sentence. The resource’s crucial element is that it provides direct reasoning and opinion from the court’s decision. The weakness in the source is that it did not have a lot of detailed information as to what happened at the crime scene. I think that the source should not have included many opinions of the victim's families because it is useless when the judge makes the final decision and makes searching for the facts slightly difficult due to the amount of information presented. I do not think there was bias in this source from the judge, lawyers or from the expert. Overall the strengths outweigh the weaknesses thus making it my most valuable
The evidence presented to myself and the other juror’s proves that Tyrone Washburn is guilty beyond a reasonable doubt of the murder of his wife, Elena Washburn. On March 12, 1979 Elena Washburn was strangled in the living room of her family’s home. Her body was then dragged to the garage, leaving a trail of blood from the living room to the place it was found. Her husband, Tyrone Washburn, found her in the family’s garage on March 13, 1979 at 1:45 A.M. When officer Dale Chambers arrived at the scene he found her lying face down in a pool of blood. The solid evidence in this case proves only one person, Tyrone Washburn, is guilty of murder.
Judge Fahey felt that affidavits provided by Dascoli’s mother and ex- girlfriend in support of Dascoli were weak and insubstantial, as well as not credible given the fact the defendant had the opportunity to advise Kelly of first aggressor evidence failed to do so. Additionally, in reference to an affidavit written by a medical expert, Fahey states that his conclusion was “without sufficient factual basis, and is, at best, conjecture and
While John 's mother never confronted her husband about his actions, or went to the police before the murder she did eventually confront the police during the trial. " Sandra Telford had her husband served with divorce papers at Riker," (Locos Parentis"). While this was the right thing in the end, later everyone was debating on whether or not she should go to jail as well, but in this case I believe that she was just as much as a victim as John and Chris were. For all the jury and police know she could have been physically abused, and even gas lighted by her husband which makes it even harder to leave. These possibilities make it harder to leave someone and with a total of 4,000 deaths every year related to domestic violence she could have been attempting to protect her own life. While she personally was not convicted of any crime in this case, Robert took a deal and got two to six years in prison, his son was sentenced to ten plus years. This particular sentence is unjust due to the fact that John could have been dealing with the abuse from his father starting from the time he was born, so he may not know right from wrong. Due to this factor and evidence in the case I believe John should be put into a mental hospital so he can attempt to learn right from wrong and get the therapy he obviously needs. Looking at the evidence against Robert I believe
With jury bias we examined that the perspective taking, victim impact statements and race of the victim had no main effects with ps > 0.26 and no significant interactions either with ps > 0.64.
In 1990, Brenda Koss shot her husband, Michael, while he slept and killed him consequently. Brenda Koss and a number of other witnesses testified about Michael’s ongoing abusive behaviors toward her. The Ohio Supreme Court recognized BWS as a defense in a criminal case. The Koss case is an example of how the law and perception on BWS evolved. In 1981, the state high court had refused to allow the admission of any evidence on BWS, believing that it had not yet been scientifically validated to sufficient extent. However in State v. Koss case, the court found that the professional literature and psychiatric understanding of BWS had very much improved; therefore, the court reversed itself and held that expert testimony on BWS could be admitted in a trial. The Court held that evidence of BWS was admissible through an expert testimony to help prove an element of self-defense —that is, Brenda Koss had a bona fide belief that she was in imminent danger of death or great bodily harm and that her only means of escape was the use of force (Bettman, 2011). This case illustrates how the court changed its opinion and perception on BWS as the public started to understand more about BWS and battered women. Unlike State v. Stewart (1988), BWS was positively used to support battered women’s acts of self-defense. Shortly after the Koss case was decided, the legislature passed a law recognizing and validating BWS; it permits the use of expert testimony in support of the defense.
Griffiths, C. T. (2007). Canadian Criminal Justice: A Primer (3rd Edition ed.). Toronto: Thomson Nelson.
Amicus states that the appellant brief argues that evidence supported Dr. Walker’s qualifications as an expert and so focuses its own brief on the scientific knowledge of the field in support of an expert’s opinion on battered women syndrome. In doing so, amicus turned to guidelines, case law, scholarly legal materials, expert’s methodology received as “generally accepted” in scientific journals written by authorities in the field of battered woman syndrome. It told the appeal court that other courts have looked at many or even all of these examples as proof of an experts methodology as being “generally accepted” by the scientific community and in doing so found reliability in this experts opinion and reliability of the techniques use...
...t I do not think that the evidence presented is enough for a conviction to sentence any man or woman to death.
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
The symbol of the Canadian judicial system is the balanced scales of justice. When a wrongful act is committed, the scales of justice are greatly misplaced and require a solution to counterbalance the crime and restore balance. Additionally, the scales represent the idea that law should be viewed objectively and the determination of innocence should be made without bias. The Canadian criminal justice system encapsulates the idea of the scale of justice, to control crime and impose penalties on those who violate the law. One of the most important aspects of this system is that an individual charged with a criminal offence is presumed innocent until proven guilty beyond a reasonable doubt. The current system has two prevailing methods involved in the process of dealing with crime: Retributive and restorative justice. This paper will analyze aspects of retributive justice and restorative justice, with reference to their respective philosophies, for the purpose of finding which is more effective at achieving justice and maintaining balance.
Although the environment affects people’s lives, so do the laws and regulations. This crime is too broad and may result in more harm than good for the Canadian society and the Canadian Criminal Justice System.
For example, according to a CNN article entitled,” 'Blue-eyed butcher ' sentenced to 20 years,” “A medical examiner testified he was able to count 193 wounds on the body, with the actual number of stab wounds well in excess of that” (Jakobsson, 2010, para. 6). Pictures were also presented to the jury to show the disfigured body. Another piece of evidence leading to the conviction of Susan Wright was the autopsy done that showed drugs in Wright’s system. The author of CNN stated, “They also suggested she may have drugged him with gamma-hydroxybutyric acid, known as the "date-rape drug," low levels of which were found in Jeffrey Wright 's system” (Jakobsson, 2010, paragraph 10). One last conclusive piece of visual evidence was the presence of two of Jeffrey’s ex-girlfriends. “Misty McMichael testified Wright beat her repeatedly during their two-year relationship and tried to control her every move” (Jakobsson, 2010, paragraph 13). McMichael also claimed that Wright had pushed her down the stairs 104 times and at one point even locked her in a room (Jakobsson, 2010, paragraph 14). This evidence was in favor of Susan Wright. The impact of this visual evidence was significant in many ways. Evidence is proof and proof cannot be made up, only misinterpreted. Therefore, the excessive amount of stab wounds found on Wright’s body along with the drugs found in his system was
I wanted to look at the investigative and criminal procedures following the arrest of an alleged criminal and the powerful effects via testimonies and evidence (or lack thereof) it can have on a case.There is an importance of the courts in regards to crime that can’t be over looked. The primary function of the criminal justice system is to uphold the established laws, which define what we understand as deviant in this society.
In this position paper I have chosen Bloodsworth v. State ~ 76 Md.App. 23, 543 A.2d 382 case to discuss on whether or not the forensic evidence that was submitted for this case should have been admissible or not. To understand whether or not the evidence should be admissible or not we first have to know what the case is about.
She explained that his involvement in the crime was not excessive and that it was his brother who was the leader. She went on to describe his eight previous arrests for crimes like robbery and cocaine possession. Given his long history she said she was not surprised to see him involved in this kind of case. Because of his other charges I thought the prosecutor was going to suggest the higher end of the sentencing guidelines. However, as she continued I realized I was incorrect. Instead of focusing on his previous crimes she talked about how he needed rehabilitation. She emphasized recovery from his current lifestyle more than sending him to prison again. She brought up his involvement in his church and his successful marriage and questioned why he would throw all of that away. She also suggested that he turn to his church and his wife for support and to aid him in his battle with addiction. Throughout the case, the prosecutor was compassionate and seemed more like a disappointed parent to the defendant rather than angry. The one time the prosecutor did act somewhat harsh was towards the middle of her statement. She brought up the fact that the defendant had previous medical conditions such as a stab and shot wounds. She suggested that the defense had asked for these injuries to be taken into account when the sentence was decided on. She was adamant that the court should not take