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The insane plea argument
The insane plea argument
The insane plea argument
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Good morning, ladies and gentleman of the Central Criminal Court of England and Wales. I am Madeleine Foutes, Defense Attorney for my client, Mr. Jack Merridew. Mr. Merridew, along with a plane’s worth of fellow British schoolboys, were marooned on an island located in the South Pacific Ocean after their plane was struck with a bomb from the ongoing war. Unfortunately, none of the adults on the flight survived the crash, which left the boys to fend for themselves. Some of the older boys, my client included, took the initiative to set up a system of governing themselves while on the island. While Mr. Merridew was not elected chief of the boys, Mr. Ralph Williams, who was named chief, appointed my client in charge of the hunters. Naturally, …show more content…
Similarly to the charge involving Peter Edwards, Mr. Merridew is not guilty because of his insanity when the attempt on Ralph’s life took place. After Peter’s death, Ralph fled from Jack’s tribe. As previously demonstrated by his cry of victory after Peter’s death, Mr. Merridew no longer made any connection between death and emotion. Mr. Merridew knew only that he wanted complete control over the boys as he and his tribe pursued Mr. Williams. No person willingly performs acts he considers wrong. Instead a person does what he believes is right. However, in the case of my client, he had no idea of what was morally right or wrong and only knew what action would result with him having power. Boys live in a world driven by a desire for power (Kindlon, 73) and when ethics are stripped away, a need for dominance is all that remains. Jack Merridew was a victim of his desire for power and simultaneously was stripped of his understanding of right and wrong. Conversely, I understand the prosecution’s argument. The prosecution claims that Jack was perfectly capable of differentiating right from wrong. Evidence is cited from a very early point in Mr. Merridew’s time on the island, “ ‘We’ll have rules!’ [Jack] cried excitedly. ‘Lot’s of rules! Then when anyone breaks ‘em—’” (Golding, 33). Although Jack may have had a sense of ethics from his life prior to the crash, it did not last for long. The constant presence of fear and competition drove my client to insanity. Both incidents Jack Merridew was charged with occurred well into the boys’ residency on the
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
The litigation of R. v. Buhay is a case where the Charter of rights and freedoms was violated by the policing parties but maintained and performed by the Supreme Court of Canada. This litigation began after two individuals; of which one was Mervyn Buhay, rented a locker at the Winnipeg bus depot. Buhay began to distract the security guards while his friend placed a duffel bag in the locker they had rented. After they left, the security guards were so engrossed by the smell coming from the locker that they unlocked it to find a sleeping bag full of marijuana in the duffel bag. Buhay was arrested the day after the bag was taken into possession even though no warrant was received to search the locker in the first place. During the first trial, due to the violation of the Charter by the police officers, Buhay was acquitted. The Crown, however, appealed this ruling and the case was taken to the Supreme Court of Canada where once again Buhay was acquitted in a 9-0 ruling. Although Buhay committed a crime by possessing marijuana, the police violated the Charter by searching Buhay`s locker without a warrant or his consent, making the Supreme court of Canada`s decision to acquit Buhay reasonable. The Supreme Court of Canada`s decision to acquit Buhay was reasonable due to the fact that the police violated the Charter of rights, no warrant was received to unlock the locker let alone seize the duffel bag, and lastly because the bus depots terms for the locker were not efficiently provided to the customers making them aware of any reasonable search conduct.
Case name: Peter K. Dementas v The Estate of Jack Tallas, 764 P.2d 628 (1988)
On September 4, 1958, Dollree Mapp’s was convicted in the Cuyahoga County Ohio Court of Common Pleas (Mapp v. Ohio - 367 U.S. 643 (1961)). On March 29, 1961, Dollree Mapp v. Ohio was brought before the Supreme Court of the United States after an incident with local Ohio law enforcement and a search of Dollree Mapp 's home (Mapp v. Ohio 367 U.S. 643 (1961)). In the Bill of Rights, the Fourth Amendment protects and prohibits all persons from unreasonable searches and seizures. However, can evidence obtained through a search that was in violation of a person’s Fourth Amendment rights still be admitted in a state criminal proceeding? This is the issue that will be thoroughly examined in the landmark case of Dollree Mapp v. the State of Ohio (henceforth
McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes, Congress may charter a bank as an implied power under the “necessary and proper” clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word “expressly” particularly caused major problems and therefore was omitted from the Constitution, because if everything in the Constitution had to be expressly stated it would weaken the power of the Federal government.
On September 9th, 1993 at around two in the morning, 17 year old Christopher Simmons, 15 year old Charlie Benjamin and 16 year old John Tessmer met at the home of 29 year old Brian Moomey. Moomey drove the three teens to the house of 46 year old Shirley Crook. Tessmer refused to go with them and ended up going back to his house. Simmons and Benjamin went to the back of Shirley Crook’s house, found a window and cracked it open. When they reached though to unlock the back door and entered the house, Simmons turned on the hallway light. The light woke her and she yelled out, “Who’s there?” Simmons walked into her bedroom and told her to get out of bed and lay on the floor. They duct taped her mouth and eyes and wrapped an electrical cord around
Jack is a low down dirty character who feasts on the imaginations of little boys to gain power amongst himself. Being only ten years old you would wonder how a little kid could become so rotten so early well Jack is living proof of that. Being in control of others brings Jacks happiness sky high its almost as if something comes over him every time he speaks to someone, it's as if in his past life he had horrible experiences with the world and has come back just to tarnish the lives of many young boys during the most tragic tragedy of their lives.I most deeply admire the fact that Jack knows what he wants which is essential in a life that we are living in today because it may interpret your future. What I dislike is that Jack knowingly arrived on this famished island with a plan even though the crash was not expected.The plan was to take existent land that was not entitled to anyone and turn the island into "Jacks World", a place where you will be taken
FACTS= On September 24, 1987, Keith Jacobson was indicted on charges of violating a provision of the Child Protection Act of 1984, which criminalizes the knowing receipt through mail of a “visual depiction [that] involves the use of minors engaging in sexually explicit conduct.” On Feb 1984 Jacobson ordered two magazines in the mail of young boys. The magazines entitled Bare Boys 1 and Bare Boys 2, contained material of nude young boys from preteen to teens. Jacobson claimed that he want to order material of 18 year olds and up. However Jacobson’s receipt of the magazines was legal under both federal and Nebraska laws. Laws were constructed three months after the order was filled that banned all sexual depictions of children. Soon after the Gov. started setting up Jacobson by sending him applications to phony organizations that were illegally based.
Therefore, people forget their morals and defy their personality. Shea states people can change their morals due to the effects of power (Shea). Fromm claims that an individual’s decisions reflect his or her conscious because their conscious is what brings them “back to ourselves, to our humanity” (Fromm 126). Fromm would state that Jessup believes he could do anything because of the power he holds; therefore, Jessup allows power to rise above his conscious. This demonstrates how easily authority can corrupt an individual. Jessup knew Santiago would physically not be able to handle the “code red”, yet power overrules his morals (A Few Good Men). Fromm would admit that Jessup’s authority trumped his morals, yet also believes that Dawson and
Jack, on the other hand, is doing nothing but causing chaos. Jack fails to realize that the boys need security, stability, and order on the island. Jack was a leader of the choir before the boys landed on the island. These boys, who were in the choir, still want to follow Jack; however, they have no discipline at all. The only thing that is on Jack’s mind is hunting.
middle of paper ... ... As for the boys themselves, may they eventually get justice for the wrongs they went through. Works Cited “Crime scene or dump site?” wm3truth.com/crime-scene-or-dump-site/ n.p. 2011 Web.
The Roles of Anger, Behavioral Consequences, Violation Severity, and Social Distance” states “A survey among passengers showed that they tended to believe that the more severe violation should be more strongly reprimanded” (Eriksson). So even after Victor has quite literally played God and left a trail of bodies in the wake of his decisions, it is surprising that not a single person speaks out against him. If no one ever told him that what he was doing was wrong, then he would never learn from his mistakes. Victor continually breaks these social norms because no one ever tells him he shouldn’t.
People's conscience speak that their actions are immoral, but the call of money and power can blind people from the righteous act to pursue.
While his situation allowed his personality to blossom into something horrible, the desire for blood and power already flowed through his veins. An example from the beginning, before the corruption of the boys, was when Jack first arrived at the meeting with his choir following behind. They were wearing their cloaks in the heat and Jack only let them rest after Simon had fainted. Jack’s controlling nature can be observed from the very beginning of the book. At this time, decorum still covered his bloodlust, but it was quickly triggered after he hadn’t been able to kill a pig. The text reads that “Next time there would be no mercy”(p.31) He was not only embarrassed of his weakness and wanted to uphold his status, but he was also losing the civility that an organized society ensured. The island was the key that unlocked Jack’s hidden, savage
Characters have played a large role in setting the theme of abusive power; they gain power over a group of individuals and misguide them. One obvious example from Lord Of the Flies was Jack. Towards the beginning of the novel, when the “elections” for the leader of the group took place Jack tried to get power. “‘I ought to be chief,’ said Jack with simple arrogance, ‘because I’m the chapter chorister and head boy. I can sing C sharp’” (Golding 22). After losing the election to Ralph, he became the head of the hunters. Here he abused the miniscule powers given to him over the small group of boys formerly known as the “choir”. Jack’s influence possibly corrupted the minds of the young boys and made them into cold blooded killers going from killing pigs for food to harming humans for enjoyment. “The circle moved round. Robert squealed in mock terror then in real pain… Jack had him by the hair and was brandishing his knife.” (Golding 114). The significance of this was that it was the first major point that lead to the collapse of society on the island. Jack thought that Ralph did not appreciate what he was doing for the group by gett...