Guilt can either be determined by factual guilt or legal
Even though the circumstantial evidence implicated Brad, the forensic evidence presented was sufficient to implicate Knox. The testimony made by Mrs. Knox was admissible as the spousal privilege was broken. However, the defense representing Knox could argue based on the Fourth Circuit to dismiss the testimony against him. The Fourth Circuit holds that Mrs. Knox’s statement should be inadmissible and as such, violates the confrontation clause. The use of this testimony to implicate Knox violates the aspect of spousal privileges.
1. Case Study 1 a. The ethical dilemma for Kayla is deciding between following her duties as an officer and duties as a victim’s assistant; to go against her partner or to go against what she thinks is the right thing to do in that situation. b. Relevant facts include i. Kayla, as a victim’s assistant, has a duty to provide resources and information to clients; however, Kate is not her client.
Keeping the facts of the case in mind the accused was aware of her husband’s tendencies towards acting angrily and impulsively, Creakle’s rage at Esther’s departure was further fueled by their prior argument. After she told him to “go away” the reasonable person would believe that if she could no longer see him he had taken heed to her advice. Knowing the nature of her husband Esther was cautious and double checked to confirm he had left, due to her restricted visibility she was unable to see him. In this situation, her actions did not fall below the expected standard of care as she was cautious towards the outcome and took steps to ensure Creakle’s safety. As was ruled in Beatty (2008) if a reasonable person holding the knowledge of the accused, could not have foreseen the consequences of their actions they are not morally blameworthy, and therefore lack the mens rea necessary for the criminal offence (Verdun-Jones, 2015, p.120)
Unfortunately, there seem to be loopholes to such an obvious rule. How can someone allow another person to get away with murder? Isaac Turnbaugh. Some may not know the name, but it is by far the most ridiculous case that I have ever learned existed.
The only exception to this rule is if the law enforcement officer has probable cause. The rule also states that all suspects are innocent until proven guilty and any evidence used against the suspect in
Another attendant circumstance laid out in the statute is that no prosecution can take place unless it was reported by the spouse of the adulterer. The result would be the sexual act taking place, but also the spouse finding out and deciding to report the conduct because it is likely that this crime happens a lot but not as many people are convicted for it because the spouse never found out or never reported it. But, since not all crimes require a specific result to occur (Fradella, p. 67), one may be unsure of whether it needs to be proven that the adultery took place, or if lower levels of proof for the burden of persuasion would
Allegations are made today in simple ways, such as divorce. Spouses often try to find reasons to blame the divorce onto the other. The reasons may be trivial, immense, true, or false, but nonetheless, accusations are made. Because of these accusations, a spouse may lose custody of children, property, possessions, or money.
It can be applied most notably in cases such as this one; however, it can also be limited by the exclusions brought up as well. Like all laws, it has its own limitations and complications; therefore, it is important for lawmakers to determine what was intended for this rule. It is an important aspect of American criminal procedures and will continue to be used, referred to, and discussed in many more cases to
Since the founding of our judicial system there have always been individuals claiming innocence to a crime that they have been found guilty of, traditionally, after their sentencing no matter how innocent they may or may not be would have to serve, live and possibly die by the decision of their peers. The Innocence Project, founded in 1992 by Barry C. Scheck alongside Peter J. Neufeld faces this issue by challenging the sentencing of convicted individuals who claim their innocence and have factual ground to stand upon. The Innocence Project uses the recent advances in deoxyribonucleic acid (DNA) testing to prove their client’s innocence by using methods that were not available, too primitive or not provided to their clients during their investigation,
The biggest theme of The Great Divorce is salvation; more specifically, ensuring one’s immortal soul reaches Heaven and not Hell through the exercising correct moral choices in life and the practice of forgiving others and seeking forgiveness for your own sins. For Lewis, Heaven and Hell are not metaphoric or ideas, they are real places. In the book, Lewis develops this by having other related themes that affect salvation like, vanity vs. pride, love, the value of ideologies, faith vs. skepticism, jealousy, anger, and forgiveness.
While the innocent significant other may have been in the dark in regards to the specific details of the situation, who is to say that the significant other is not experiencing the residual effects of
Reading your response to the domestic violence question I can respect your argument that domestic violence is a personal issue. But the example you used is supporting the belief that domestic violence is a social issue. Across the world addiction, alcoholism and substance abuse are social issues that manifests itself in the home increasing the likelihood of domestic violence . In addition, exposure to violence, especially in childhood, places children at risk for the development of trauma symptoms or PTSD (Levendosky, Bogat, & Martinez-Torteya, 2013). Children exposed to domestic violence many develop lasting physical and emotional dysfunction often times leading to either perpetuation of violence or victimization, rebellion, or poor overall
The Good and the Bad Victims of domestic violence are not at fault for the abuse that is inflicted upon them. A lot of people ask why the victim stayed in the first place, but in some cases the answer is not always so simple. According to Why Do Abuse Victims Stay, “We often put ourselves in the place of the victims and imagine ourselves leaving at the first signs of abuse. But breaking free of abuse is not simply a matter of walking out the door. Leaving is a process.”
Definition and Description of Procedural Justice Procedural justice is the act involved in decision making. It incorporates the process of involving transparency and fairness in making decisions. The incorporation of justice in this process is equally essential it entails that all parties allowed to give their views before decision are made concerning a given matter. Some theories state that restorative and distributive justice might not be met but for as long as there is a fair and justice procedure, there is always the possibility of having outcomes that are equitable (Jason &Tyler, 2003).
