...punishments and barriers to constrict one's savage nature. Without the order and civilization of authorial systems, they are left in carnage. Initially, the boys listened to their conscience and abide by their moral code that they were taught in their upbringing. The boys set rules, allocated jobs, and democratically elected a leader. As time goes by they indulge and let their morals decay little by little, particular the bloodthirsty Roger. Roger didn’t become a murderous psychopath all at once. At first, he is held back by the “taboo of the old life.” (pg. 65). While he throws the rocks in Henry’s general direction, he doesn’t actually hit the kid. “Round the squatting child was the protection of the parents and schools and policemen and the law.” (pg.65). For now. By the end, Roger has given in as he was no longer conditioned by civilization. He is the one with delirious abandonment that releases the boulder, killing Piggy. Is societies grip toward civil boundaries too harsh? One would think...
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...Supporting a Position There are several problems with capital punishment used in this country. In addition there are several issues with the State of Florida's implementation of Lethal-Injection. Florida's procedure for the use of lethal injections is the principal issue in both the NPR Podcast (Which is incorrectly labeled as a podcast as it is streaming only and you can not download it.) and the St. Petersburg Times article. The State of Florida uses outdated and inhumane procedures when administering lethal injections. They do so without a doctor present to insure that the proper steps are taken to prevent what happened to Angel Diaz from happening again. The excuse that it is hard to find doctors that are willing to violate their ethics is inexcusable. The are more issues at hand then just the correct administration of capital punishment. Many of the people executed in this country are innocent. The legal system direly needs to be reworked. There should be protections in place to protect innocent people from being murdered by the courts. The amount of legal red-tape in the appeals process is excruciatingly high. The case of Leo Jones is one example. On May 23, 1981 patrolman Thomas Szafranski was shot by high-powered 30-30 rifle while he was stopped at a traffic light. Leo Jones who lived in apartment near by was later arrested (Mills, 2008). That night he was beaten until he confessed to the murder (Mills, 2008). Retired police officer Cleveland Smith testified...
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...the judge and or jury; other times, they are just wrongfully convicted due to corrupt law enforcement officers. This corrupt issue is very wrong and should be done away with immediately, which is my reason my choosing this topic. In this research paper, I plan to find reasons for wrongful convictions, the actual number, statistics, of individuals that have been wrongful convicted, and those individuals who have stepped up to make a difference in this dilemma. Although there aren’t any statistics kept by the Criminal Justice Department on the number of crimes that were recorded as wrongful convictions, research has estimated about 5% of the cases that are tried annual result in a false conviction. Since 1989, 1,241 people have been wrongfully convicted and later cleared of all charges based on evidence that they were innocent, according to the National Registry of Exonerations, a project of the law schools at the University of Michigan and Northwestern University (Clark 2013). The Michigan Innocence Clinic was the first clinic of its kind to work on non-DNA exonerations. Their work has revealed particular circumstances far too often seen in cases of wrongful conviction. These cases show us how the criminal justice system is in need of much repair and how the Michigan Innocence Clinic can combat troubling trends of the system. In each case that have been worked on, the Michigan Innocence Clinic have uncovered overlapping causes of wrongful convictions. There are many causes...
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...beating death of his wife, Christine Morton, and sentenced to life in prison in 1987. But a recent court-ordered DNA test, conducted on a blood-stained bandanna over the objections of Williamson County District Attorney John Bradley, points instead to an unnamed California felon as the killer, according to court briefs filed by the Innocence Project of New York. The court filing urged a Williamson County district judge to remove Bradley from the case, saying he cannot be trusted to oversee a reinvestigation of the killing because he has shown “unprofessional” animosity toward Michael Morton and his lawyers. What’s more, the motion alleges, Bradley worked to keep a key piece of evidence hidden from Morton’s lawyers — a transcript of a police interview that shows the Mortons’ 3-year-old son witnessed his mother’s murder and said the attacker was not his father. The transcript should have been provided to Morton’s defense lawyers before the trial but was not, according to the Innocence Project motion. Bradley, who was not district attorney during the trial, recently opposed releasing the transcript to the Innocence Project under the state’s open records laws, the motion said. “Justice demands a rigorous and unbiased investigation into the true circumstances of Christine Morton’s death, and an explanation as to how her grieving husband was wrongfully...
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...Innocence at Stake: Possibility of DNA Collection from Arrestees in Canada Md Washim Ahmed ABSTRACT Followed by a decision of the Supreme Court of the United States, which approved the collection of a defendant’s DNA upon arrests under the Fourth Amendment, the Minister of Justice, Peter MacKay indicated in an interview with the Globe and Mail that he and his Ministry are considering a similar model for Canada. This paper examines the possibility of a similar legislative framework in Canada and argues that although collection of DNA upon arrests was found justified under the Fourth Amendment, it does not necessarily mean that it will be found justified under the Canadian Charter of Rights and Freedoms. While s.8 of the Charter seems to give similar protection as the Fourth Amendment, they have very different requirements for judicial authorization, reasonableness and standard of “probable cause”. Scrutinizing those different requirements and standards, this paper holds that the process of DNA collection is highly intrusive and would be a serious violation of s.8 of the Charter as it could reveal an excessive amount of private information about an individual over which he/she has a strong reasonable expectation of privacy. Furthermore, it will deprive people from their right to be presumed innocent, which is protected under s.11 (d) and significantly impact socially marginalized groups. Finally, this paper conducts an analysis of the violations under s.1 of...
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...Prison Overcrowding Final Project Terence Ingram Professor Karina Arzumanova, Esq. March 17, 2013 Strayer University Prison Overcrowding Final Project Criminal Activity is on the rise. With prison populations growing at an all-time rate, the federal prison system has not been able to keep up. As a result, this is a serious problem which puts inmates and guards in danger and holds back efforts to rehabilitate convicts. (McLaughlin, 2012) Violence will be on the rise as more inmates are squeezed into small living quarters. Increased inmate misconduct is a direct result of prison overcrowding which negatively affects the safety and security of inmates and staff. If prisons don’t find a solution to this problem, it will create more tension and could potentially cause an inmate to snap and create a violent incident. With more prisoners confined in small spaces, prison officials are forced to cut back on inmate’s cafeteria time, time in the recreation yards, and television rooms. Multiple inmates are put in cells that were specifically created for one individual inmate. Common areas that were not meant to be used for inmates are being used for living arrangements even though it was not designed for that. Crowded cells and the loss of privacy increase the odds that inmates will lash out, threatening the guards keeping watch. ( McLaughlin, 2012) Policies have been put in place to make sure that inmates are not being violated. Some may say that overcrowding in prisons is inhumane...
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...Blue Ocean recently partnered with the Mid-Atlantic Innocence Project (MAIP) to enhance our understanding of social injustices so that we have the knowledge to provide relevant and timely support to our community. We believe that life's persistent question of ‘What are we doing for others?’ is one we must answer with action, time and resources. We love learning more about other organizations in our community and are always looking for new ways to give back. The Mid-Atlantic Innocence Project’s mission is to free the staggering number of innocent people who remain incarcerated, and to bring reform to the system in the hopes of preventing future injustice. To this day, 356 people in the United States have been exonerated by DNA testing, including 20 who served time on death row. People who come to MAIP for help have nowhere else to turn - many have been convicted of horrendous crimes and are ignored by society despite their innocence. Often times, they have never had competent legal representation. MAIP gives hope to people who feel that they are out of options....
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...In this essay I shall evaluate and the view that the modern family has become more child centred, I shall include childhood in the past compared to childhood now, the rights of children and the expenses now compared to the past. Jane Pilcher (1995) said that the most important feature of the modern idea of childhood is separateness, this is emphasised in many ways e.g. through laws saying what children can or can’t do, another example would be through the way they are dressed, toys, food, books leisure activities etc. related to this is the idea of childhood as the ‘golden age’ of happiness and innocence, innocence could be referred to as being vulnerable and so must be protected from all the dangers from the adult world. So with this idea of separation and vulnerability many people would say that the modern family is child centred as extra precautions will be taken to make sure that the ‘vulnerable’ children are safe and sound, furthermore as the law has drawn a clear line of what children are allowed to do what they are required to do and what they are prohibited to do- this has had an impact on how the modern family is becoming more child centred than in the past as children are being portrayed as vulnerable and in need of protection, however many people would disagree and say that even though there is separation between children and adults it doesn’t mean that the modern family has become child centred, it just means there are more precautions which are being taken to ensure...
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...The Innocence Commission The criminal justice system is best described as a search for the truth, however the more precise definition of it states that it is the system of law enforcement, the bar, the judiciary, corrections, and probation that is directly involved in the apprehension, prosecution, defense, sentencing, incarceration, and supervision of those suspected of or charged with criminal offences. As the justice system is handled by humans, it is bound to make mistakes and such errors lead to circumstances in which an innocent is found guilty; this is called a miscarriage of justice. Miscarriage of justice means the failure of a judicial system or court in the administration of justice, especially when an innocent is convicted in a crime (Dictionary.com, 2007). Miscarriage of justice is also known as wrongful conviction. If someone is wrongfully convicted, that person is punished for an offence he or she did not commit and the actual perpetrator of the crime goes free. As well, public confidence in the system declines when wrongful convictions are identified. There are several elements that cause a miscarriage of justice, such as non-disclosure of evidence by police or prosecution, confirmation bias on the part of investigators, fabrication of evidence, poor identification, and unreliable confessions due to police pressure or psychological instability. They are all considered unjust as they violate the principle of justice. The three major causes for wrongful...
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...his chance to box in a professional fight and he won. The Innocence Project has a hard time freeing the innocent because evidence is often destroyed, eye-witnesses are unreliable, and DNA testing was not always available. After a case is finished and someone is in prison, evidence gets destroyed to make room for more evidence in other cases. This makes it impossible to retrieve to help prove the innocence of some of the wrongfully convicted. Eye-witnesses are often wrong in giving descriptions and choosing out of a line up. They say when an eye-witness identifies the suspect in a line-up where all the people are revealed to the witness at once, the witness is often overwhelmed and chooses the wrong one. The way to solve this problem would be to have the suspects walk out one at a time so the eye-witness can take time to see each one alone. They also suggest that the cop that is in the room with the witness should not be aware of who the suspect is because he can give hint to which one if he knows. I think these should be written into laws to help protect people who have been arrested get a fair trial. With DNA testing becoming an option to help free the wrongfully convicted it made the life of Innocence Project workers much easier. They can now go back into cases where DNA test were not done and use the test to prove whether the person was actually guilty or not. I believe that it is important to create and pass laws to require DNA test and make eye-witnesses more reliable because...
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...The question requires one to discuss as to what extent has the “Presumption of Innocence” as articulated by Viscount Sankey in the landmark case of Woolmington v DPP [1935] , has changed in light of Human Rights Act [HRA] 1998. Woolmington v DPP, a case which reached the House of Lords [ HOL] was where the Presumption of Innocence was first articulated # . In delivering his judgement for a unanimous Court, Viscount Sankey made his famous "Golden thread’ decision . ‘Throughout the web of the English Criminal Law a single golden thread is always visible, that it is the duty of the prosecution to prove that the accused is guilty subject to... any statutory exception and the defence of insanity . If, at the end of the case, there is a reasonable doubt, created by the evidence given by either the prosecution or the defence... the prosecution has not made out the case and the accused is entitled to an acquittal. No matter what the charge is , the principle that the prosecution must prove the guilt of the accused is part of the common law of England and no attempt to whittle it down can be entertained .#...
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...Deeq Arab July, 22 2008 Eng 102 Tuesday-Thursday 12:30-1:50 Mr. Chris Anderson Death Penalty Death penalty is one of the rules mankind practiced it for long times since the early ages of men there has been the death penalty in one way or another. The death penalty has created a lot of argument between people. In the United States the use of capital punishment was famous in the early 1950s executing nearly 100per year. After the 50s supporter started to weaken and in time it went down and came up. In any issue some people will go for it, some will not. In this case of death penalty some people believe that if you take a life you are a menace to society and should be banished from this earth. On the other hand some believe that life is valuable and no one is applicable to take a life other than the creator of life. The critics of the death penalty say practicing these activities such as the death penalty give respect and harmony to murders who take life by force. After all we are humans and our minds are the mother of different ideas, views and arguments. Is the death penalty just? Pro Supporters say there is no better punishment for a person who takes a life other than the death penalty. Majority of supporters of death penalty relied on Holy Scriptures which most of them state that a human life is worth a human life. that is the right justice. It’s cruel and inhuman practice but the person that commits the murder didn’t think about it when he/she were in charge...
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...Presumption of innocence is awarded to the defendant in any court proceedings, as stated in the due process clause of the fifth and fourteenth Amendment. The principle dictates that each and every person is assumed innocent until proven otherwise. This principle is considered in many countries and it becomes the responsibility of the prosecution to prove that the defendant is guilty beyond reasonable doubt in the court room. If the prosecution fails in providing evidence, reasonable doubt remains and the defendant is set free on that basis. The principle ensures that innocent people are not jail. Historical Background In doctrine it is shown that by the form given to the presumption of innocence in article 23 of the Constitution and the similar provisions in article 6 paragraph 2 of the European Convention and article 52 of the Criminal Procedure Code there is at least one contradiction regarding the moment up until to which the presumption functions. Jean Lemoine created the principle of presumption of innocence with the aim of protecting the defendant, based on the notion that many people are not guilty. This principle requires the judge to start by believing that the prosecution cannot prove its accusations. The principle means that: the accuser has the entire yoke of substantiation; the accused does not need to prove anything and the judge or jury should not get any negative conclusions from the accusations made by the prosecution against the defendant. All...
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...Viewpoint The Future of the Common Law in Hong Kong Acting Solicitor General Robert Allcock argues that while there will clearly be many areas of controversy in these early years after Reunification, he has no doubt that the common law will endure Hong Kong took place in order to bring them into line with those human rights guarantees. The Basic Law The Letters Patent and the Application of English Laws Ordinance ceased to apply after 30 June 1997. In their stead we of course have the Basic Law. How does this affect the application of the common law in Hong Kong? The starting point in answering that question is Article 8 of the Basic Law, which reads as follows: 'The laws previously in force in Hong Kong that is, the common law, rules of equity, ordinances, subordinate legislation and c u s t o m a r y law shall be maintained, except for any that contravene this Law, and subject to any a m e n d m e n t by the legislature of the Hong Kong Special Administrative Region.' The fact that the laws previously in force, including the common law, are subject to a m e n d m e n t by the legislature is a reflection of the general principle referred to above. However, there are restrictions on that power of amendment. In particular, Article 11 of the Basic Law provides that 'No law enacted by the legislature of the Hong Kong Special Administrative Region shall contravene this Law'. How does this help to preserve our common law system? It does so in two ways. Firstly, many of the...
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...Witness Misidentification Freddricka Harris CCJ 4360-001 Monekka Munroe Misidentification can be defined as making a falsely or inaccurate identification. Witness can be defined as one who can give a firsthand account of something seen, heard, or experienced. (American Heritage Dictionary) When you put these two words together, you get witness misidentification which has been referred to as the single greatest cause of wrongful convictions nationwide, with nearly 75% of the convictions overturned through DNA testing. There have been 260 exonerations across the country based on forensic DNA testing with 3 out of 4 involving cases of eyewitness misidentification. (Innocence Project 1999) In 1907 or 1908, Hugo Munsterberg published “On the Witness Stand”; he questioned the reliability of eyewitness identification. As recent as 30 or 40 years ago, the Supreme Court acknowledged that eyewitness identification is problematic and can lead to wrongful convictions. The Supreme Court instructed lower courts to determine the validity of eyewitness testimony based on irrelevant factors, like the certainty of the witness, the certainty you express in court during the trial has nothing to do with how certain you feel two days after the event when you pick a photograph out of a set or pick the suspect out of a lineup. It has been said that you become more certain over time. (The Confidential Resource September 15, 2010) An eyewitness viewing a simultaneous lineup...
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