character, he would find a way to defend this, a perfect example of this was when the prosecutor highlighted Timmy’s lack of attendance and constant tardiness, the defendant’s lawyer responded to that by asking the witness whether there were any signs of abuse knowing very well that there weren’t, as if there were such signs she would have expressed that observation during the prosecutor’s questioning. The defendant’s lawyer knew this would help give the judge and jury a better image of Michelle, in the sense that while she might not have been an organized mother she did not seem harmful. The prosecutor’s intentions were clearly to show that Michelle was not only an irresponsible parent, but a very unorganized person and show that …show more content…
However, the roots of the tree are far apart therefore they could easily be on the neighbor’s property line. In order to come to a just ruling, they pulled out the tree, when this was done, it was clear that the tree was on Sarah’s side therefore she was not trespassing or stealing. The point of this case was made through the technicalities, the little details, the issue wasn’t where the tree was, it was about the injustice and how to prove that it was in fact injustice. This is very similar to the observed Lodzinski case, as the case was not about the accused’s failure to read the time and constant tardiness or absence, it was about the injustice that happened to Timmy and all legal systems manage to use this details in order to help correct the …show more content…
The discussion and reading assignment in the class suggested that we have a specific way of punishing criminal offenders and there are four purposes behind this system. The first purpose, retribution, to make sure that the offender, who in this case is Michelle Lodzinski pays the repercussions for what she is accused to have done, however if she did commit the crime she is accused of and murdered her five year old son, I do not believe that there is such a thing as retribution for murdering an innocent five year old, therefore one must now question whether this purpose is fulfilled in cases like this, even if we assume that she is getting a life sentence does it truly fulfill the retribution of such a monstrous act? As for the second purpose, deterrence, making sure to prevent others from engaging in criminal acts as such out of fear of the repercussions. I believe that in Lodzinski’s case it fully does fulfill this purpose. However, the third purpose, incapacitation I believe in this case is flawed, as this purpose is to prevent an offender like Lodzinski to commit further crimes in society, if she had in fact murdered her child, she murdered him in 1991, which would mean that she has been free and living her life for 25 years after committing such a heinous crime. Therefore as far as this purpose is concerned, our criminal justice
It is their job to prove the burden of proof by linking the disturbing crime to the defendant. In this case, the prosecution’s defense had succeeded in providing evidence beyond a reasonable doubt. The burden of proof was delivered by highlighting the defendant’s motive which could be used to determine the intent behind the criminal act. In addition, the defendant’s erratic behavior that raised suspicion could also be used to prove the burden of proof. The fact that the defendant indicated that his wife was deceased, while she still was alive, can demonstrate that the murder was planned. Moreover, the defendant’s strategic travel to San Diego after Laci’s Peterson body and fetus were discovered and the change in the defendant’s physical appearance can be used to allude the proof of the defendant’s consciousness of guilt. Also, the items removed from the defendant’s car during the traffic stop, specifically the thousands of dollars in cash, can indicate that the defendant planned to flee the country at some point during his trip to San Diego. Lastly, the chain of events that took place during the period of the victim’s disappearance and the discovery of her body, and the defendant’s secret lover becoming a key witness was used to strengthen the circumstantial evidence. All in all, despite the lack of concrete evidence, the prosecution team was able to provide facts that illustrated a timeline of events that could fill in the gaps of the
To her defense, her lawyer argued that the change in drug altered her attitude from a caring girlfriend to a more aggressive personality toward Conrad Roy. Even the psychiatrist at Carter’s trial reached the same conclusion based on her medical reports that he had to agree to the defense’s claim. After prosecution and defense attorneys presented their case, it was up to Judge Moniz to ascertain whether Michelle
Another powerful opinion yearning to be exposed, is the one held by Henry Drummond, the defense’s attorney. The lawyer undoubtedly came to d...
All the laws, which concern with the administration of justice in cases where an individual has been accused of a crime, always begin with the initial investigation of the crime and end either with imposition of punishment or with the unconditional release of the person. Most of the time it is the duty of the members of constituted authorities to inflict the punishment. Thus it can be said that almost all of the punishments are an act of self-defense and an act of defending the community against different types of offences. According to Professor Hart “the ultimate justification of any punishment is not that it is deterrent but that it is the emphatic denunciation by the community of a crime” (Hart P.65). Whenever the punishments are inflicted having rationale and humane factor in mind and not motivated by our punitive passions and pleasures then it can be justified otherwise it is nothing but a brutal act of terrorism. Prison System: It has often been argued that the criminals and convicted prisoners are being set free while the law-abiding citizens are starving. Some people are strongly opposed the present prison and parole system and said that prisoners are not given any chance for parole. Prisons must provide the following results: Keep dangerous criminals off the street Create a deterrent for creating a crime The deterrent for creating a crime can be justified in the following four types Retribution: according to this type, the goal of prison is to give people, who commit a crime, what they deserved Deterrence: in this type of justification, the goal of punishment is to prevent certain type of conduct Reform: reform type describes that crime is a disease and so the goal of punishment is to heal people Incapacitation: the...
People of the court, we’re here today on behalf of our defendant, Mary Maloney. Our defendant is not guilty of first degree murder, which she has been charged with. After hearing Mary’s testimony it is obvious that Mary reacted under the influence of pregnancy hormones, past insanity, and extreme stressful anxiety.
When 12 million citizens are arrested each year, this invites a great deal of stress into the lives of public defenders who are responsible for 180 to 200 cases at a time. I personally would never put myself in a work environment which lead my hair to fall out and anxiety to take over because my life was being threatened. The realization that people exist like that is daunting. One element that struck me most in the film was when Williams’ co-worker, Brandy Alexander, spoke about representing people who admit to the crime. I had a hard time processing how a father would pride himself in raping his own daughter. I actually rewound the movie because I thought my ears deceived me at the fact he would do it again given the opportunity. Representing a case in that capacity would break me mentally. It was well said that defenders must “go at war with the system even when the client is guilty”.
Your honor, ladies and gentlemen of the jury, thank you for your attention today. [Slide #2] I would like to assert that separation is not the end of a relationship. Divorce is not the end of a relationship. Even an arrest is not the end of a relationship. Only death is the end of a relationship. In the case of defendant Donna Osborn, her insistence that ‘“one way or another I’ll be free,”’ as told in the testimony of her friend Jack Mathews and repeated in many others’, indicates that despite the lack of planning, the defendant had the full intent to kill her husband, Clinton Osborn.
...her children’s life. Andrea knew that her act was legally wrong but she claims she felt it was morally correct. While laws and morality are intertwined, the duty of our court system is to enforce laws not to legislate morality. Andrea Yates was aware that her premeditated act would be legally wrong, and did in fact think about the crime prior to coming it. These actions are distinct characteristics associated with the classical theory of crime.
Though capital punishment might seem like the only way to get revenge, it is morally unjust. Who are we to decide whether a person should live or die? It is morally wrong, individually or through government action, to seek revenge on a murderer by means of execution. The death penalty violates our right to life.
The correctional system’s two main goals in penalizing offenders are to rehabilitate and to maintain behavior (Orth 2003). Our justice system is in charge finding the offender guilty and handing down
... the outcomes of these goals the crime rate has substantially decreased. Revenge has made a way for some victims to at ease. I think revenge can be a good and bad thing. A negative view of revenge is if an offender kills or rapes someone's child and that person tries to find ways to get that offender killed. They all have some significant way of getting justice. According to the Sentencing Project prison cost has gone up and it is very expensive to find room in the prison for these offenders. Based on the overcrowded prison, they have to build new prisons which will take of money for the government.
Provide the justifications for punishment in modern society. Punishment functions as a form of social control and is geared towards “imposing some unwanted burden such as fines, probations, imprisonment, or even death” on a convicted person in return for the crimes they committed (Stohr, Walsh, & Hemmens, 2013, p.6). There are four main justifications for punishment and they are: retribution, deterrence, rehabilitation, and incapacitation. There is also said to be a fifth justification of reintegration as well.
The criminal justice system is the system of law enforcement that takes an extensive position in prosecuting, defending, sentencing, and punishing those who are suspected or convicted of criminal offenses. It is essential to know the many theories of punishment that the justice system has created in their minds that eventually became a part of society. This paper will analyze the theoretical explanations of punishment and their effect on society by generating an opinion of how each type of punishment deters crime the best and if punishment provides any benefit to the offenders and to society.
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
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.