Murder: Subjective or assumed?
Thesis
To convict one of murder, there must be subjective intent for the accused to be considered guilty. Due to the fact that murder is the most hateful crime of the law, all defendants should have the right to be innocent until proven guilty. There must be verifiable evidence to prove the mens rea.
Profile of the Law
Criminal Code s.230(a) “one who intends on causing bodily harm for the purpose of (i) actually committing the offence, or (ii) planning his escape after committing or attempting to commit the offence, and the death derives from the bodily harm;” (Criminal Code of Canada)
Charter of Rights and Freedoms s. 7 “Everyone has the right to life, liberty and security of the person and should not be discriminated or segregated from the fundamental freedom principles.” (All About Law).
Charter of Rights and Freedoms s.11 (d) Any citizen who is charged with a guilty crime, has the right to be innocent until proven guilty.” (Canadian Charter of Rights and Freedoms)
Parente 2
General Summary
On an evening in February 1985, 15 year old Roderick Martineau and his friend Patrick Tremblay planned out to break and enter into another citizen’s home and rob them. For safety, the boys armed themselves with weapons, however they never planned on actually using them. Martineau carried a pellet gun and Tremblay carried a riffle. During the break in, Tremblay murdered both residents of the house (Mr. and Mrs. McLean). When Martineau asked why he did that Tremblay replied “I did not have my mask on and they saw my face”. Martineau was charged with second degree murder under section 213 of the code; however the question is whether or not he was arrested with the correct charge.
Jud...
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...vidence of showing mens rea. The terms mens rea means guilty act, and if there is no proof to show that mens rea is displayed in this case, then the arrest should not continue. Neither of the men committed a guilty act of murder. Vaillancourt was not found guilty and the court decided that the accused was not liable for the death of the victim. Only conviction that should have been made was break and enter for both men. No murder was intended.
Work Cited
Canadian Charter of Rights and Freedoms (1985). In Justice Law Website. Retrieved May 12,
2014
Criminal Code of Canada (1985). In Justice Law Website. Retrieved May 12, 2014
R. v. Martineau, 1990 CanLII 80 (SCC), [1990] 2 SCR 633, retrieved
on 2014-05-04
R. v. Martineau, [1990] 2 SCR 633 (n.d.). In Judgements of the Supreme Court of Canada.
Retrieved May 12, 2014
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Among the many differing cases of wrongfully convicted Canadians, the case of Guy Paul Morin is very interesting. There were many issues that caused an innocent man from Queensville, Ontario to be convicted of the murder of Christine Jessop. We’re going to look at how the police failed to conduct a thorough investigation, how the court system failed, and how cases like this can be preventing in the future.
The jury in trying to let the defendant go considered if there were any circumstances that would provide say as a self-defense claim to justify this horrific crime of murder of two people named Mr. Stephan Swan and Mr. Mathew Butler. Throughout the guilt/innocent phase, the jury believes not to have heard convincing evidence the victims were a threat to the defendant nor a sign the defendant was in fear for his life before he took the victims’ lives.
Blair, Annice. Law in Action: Understanding Canadian Law. Toronto, Ontario: Pearson Education Canada, 2003. Print.
Democracy is more than merely a system of government. It is a culture – one that promises equal rights and opportunity to all members of society. Democracy can also be viewed as balancing the self-interests of one with the common good of the entire nation. In order to ensure our democratic rights are maintained and this lofty balance remains in tact, measures have been taken to protect the system we pride ourselves upon. There are two sections of the Canadian Charter of Rights and Freedoms that were implemented to do just this. Firstly, Section 1, also known as the “reasonable limits clause,” ensures that a citizen cannot legally infringe on another’s democratic rights as given by the Charter. Additionally, Section 33, commonly referred to as the “notwithstanding clause,” gives the government the power to protect our democracy in case a law were to pass that does not violate our Charter rights, but would be undesirable. Professor Kent Roach has written extensively about these sections in his defence of judicial review, and concluded that these sections are conducive to dialogue between the judiciary and the legislature. Furthermore, he established that they encourage democracy. I believe that Professor Roach is correct on both accounts, and in this essay I will outline how sections 1 and 33 do in fact make the Canadian Charter more democratic. After giving a brief summary of judicial review according to Roach, I will delve into the reasonable limits clause and how it is necessary that we place limitations on Charter rights. Following this, I will explain the view Professor Roach and I share on the notwithstanding clause and how it is a vital component of the Charter. To conclude this essay, I will discuss the price at which democr...
Murder at the Margin is a murder mystery involving various economic concepts. The story takes place in Cinnamon Bay Plantation on the Virgin Island of St. John. It is about Professor Henry Spearman, an economist from Harvard. Spearman organizes an investigation of his own using economic laws to solve the case.
On February 21 and 22 of this year, the Supreme Court of Canada was asked to rule whether th...
Cole, D. P. (2008). A Day in the Life of a Judge. In Criminal Justice in Canada: a Reader (3rd ed., pp. 59-75). Toronto: Thomson Nelson.
... The offenders’ rights to a fair trial were upheld under s 14 of the International Covenant on Civil and Political Rights (1980) which can be seen in that she had adequate time to prepare her defence (1 year, 8 months and 27 days) and that she had the right to presumed innocent until proven guilty. The offender also had adequate legal representation and didn’t require any legal aid.
After a person suspected of murder has been the trial process begin. During this stage the police will give the evidence they have complied to the prosecution. The prosecution will make a determi...
Lippman, M. (2012). Contemporary Criminal Law Concepts, Cases and Controversies (3rd ed.). [Vitalsouce Bookshelf version]. Retrieved from http://online.vitalsource.com/books/9781452277660/5/3
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