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Role of the criminal justice system
Capital punishment in australia
Capital punishment ethics australia
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SUMMARY OF EVENTS Julian Knight was responsible for one of Victoria's worst mass shootings, the Hoddle street massacre. To grasp why Knight committed the crime, we first must delve back into his past. Julian Knight was born on the 4th of March, 1968. Julian was the eldest of three children. He was adopted by a family with strong military ties. Knight's family were often moving, until in 1978 they settled in Laverton, Victoria. Despite his IQ of 132, which put him in the top 3 percentile of the population, he struggled in school. At the age of 19, Julian successfully joined the Army, and commenced training at Duntroon. Julian had been obsessed with the military and guns and often fantasised about killing in combat. However, Julian resented the hierarchal system of the army, as cadets who had joined only months earlier had authority over him. It became too much for Julian and he stabbed a Sergeant, resulting in his expulsion from Duntroon. Having no means of earning an income, his girlfriend ended their relationship. Knight applied to join the Police force, but was rejected due to the stabbing. Julian was rapidly running out of money and decided to sell his car. The car broke down on the way to the buyer and could not be sold. Exacerbating the situation, Julian's mother converted his childhood bedroom into extra living space, leading Julian to feel rejected. Unable to handle the financial hardships and social rejection, Julian took his Ruger 10/22 rifle, Mossberg 12 gauge shotgun and perhaps most devastatingly, the military grade M14 303. rifle, and set about murdering 7 people and injuring 19. Q1 THE COURT/S IN WHICH THE CASE WAS HEARD (OUTLINE THE CRIMINAL JURISDICTION OF THE COURT) ---------------------------------------... ... middle of paper ... ...murder, and an adult can, for the same crime, receive the death penalty. So why does a man that killed 7 innocent people and seriously wounded 19 get a minimum of 27 years? I would consider the death penalty to be appropriate for Julian Knight but as Australia has ratified the Human Rights Charter and considers the death penalty to be cruel and unusual punishment, I would have sentenced Julian Knight to life without parole. BIBLIOGRAPHY http://www.casebriefs.com/blog/law/criminal-procedure/outline-criminal-procedure-law/an-overview-of-the-criminal-justice-process/the-stages-in-the-prosecution-process/2/ www.supremecourt.vic.gov.au/ http://www.magistratescourt.vic.gov.au http://www.julianknight-hoddlestreet.ca/julian-knight-research-file/julian-knight-sentencing.html http://en.wikipedia.org/wiki/Julian_Knight Key Concepts in VCE Legal Studies units 1 and 2
A summary of the case details (provide the circumstances surrounding the case, who, what, when, how)
(3 points) What kind of defenses has the defendant raised? Or, if the case is over, what defenses did the defendant raise? If not clear in the article, what are the likely defenses?
The case State v. Snowden is an appeal by the defendant were the defendant pleaded guilty to an evidence charging Raymond Alien Snowden with the crime of murder of first degree. The trial of the defendant was represented by the district Court, 3rd Judicial District, Ada County, were Snowden entered judgment and sentenced of death but he appealed. Snowed was at a bar in the evening drinking and playing pool in a Boise pool room, he and other person visited another club near the one where they were playing pool, nearby Garden city. That same day Snowden and his friend visited several bars also drinking, at the end they stop at HiHo club. That same bar he met and starts having a conversation to this lady Cora Lucyle Dean, they start dancing and having a time together and they left together, while they were walking they start arguing in the street, because she wanted him to find her a cab and take her to back to Boise, but he said that he shouldn’t be paying her fare.
In 2 years the trial ended with the verdict of guilty on the account of
(B) "Texas v. Johnson Certiorari To The Court Of Criminal Appeals Of Texas." Blacula. (1989): 20pp. Online. Internet. 16 Nov. 1999.
Argumentative Essay on Capital Punishment in Australia Capital punishment is barbaric and inhumane and should not be re-introduced into Australia. Although capital punishment has been abolished, the debate on this topic has never abated. When a particularly heinous crime is committed, this debate arouses strong passions on both sides. Many who advocate the abolition of capital punishment consider the death penalty to be cruel and inhuman, while those who favor of punishment by death see it as a form of just retribution for the gravest of crimes. Determining whether Queensland should re-introduce capital punishment as a sentence will be the focus of this assignment.
Day after day in this country there is a debate going on about the death penalty and whether we as people have the right to decide the fate of another persons life. When we examine this issue we usually consider those we are arguing about to be older men and women who are more than likely hardened criminals with rap sheets longer than the height we stand (Farley & Willwerth, 1998). They have made a career of crime, committing it rather than studying it, and somewhere along the line a jury of their peers decided enough was enough. They were handed down the most severe and most final punishment of them all, death. Behind all of the controversy that this issue raises lies a different group of people that are not so often brought into the lime light, juveniles.
The General Court. "General Laws." : CHAPTER 265, Section 37. 2014. Web. 20 Apr. 2014. .
...nal ban against cruel and unusual punishment and the guarantees of due process of law and of equal protection under the law.” (American Civil Liberties) Capital punishment goes against what moral codes that people in society are supposed to abide. So whos the real murderer here?
The death penalty, as administered by states based on their individual laws, is considered capital punishment, the purpose of which is to penalize criminals convicted of murder or other heinous crimes (Fabian). The death penalty issue has been the focus of much controversy in recent years, even though capital punishment has been a part of our country's history since the beginning. Crimes in colonial times, such as murder and theft of livestock were dealt with swiftly and decisively ("The Death Penalty..."). Criminals were hanged shortly after their trial, in public executions. This practice was then considered just punishment for those crimes. Recently though, the focus of the death penalty debate has been on moral and legal issues. The murderers of today's society can be assured of a much longer life even after conviction, with the constraints of the appeals process slowing the implementation of their death sentence. In most cases, the appeal process lasts several years, during which time criminals enjoy comfortable lives. They have television, gym facilities, and the leisure time to attend free college-level classes that most American citizens must struggle to afford. Foremost, these murderers have the luxury of time, something their victims ran out of the moment their paths crossed. It is time this country realized the only true justice for these criminals is in the form of the death penalty. The death penalty should be administered for particularly heinous crimes.
Although no one can be entirely sure what motivates teens to commit mass shootings, there are theories that must be examined to develop solutions. One theory states that there are ten factors that contribute to the likelihood of a teen committing murder. These factors include an unstable home life, being bullied at school, obsession with violent entertainment, being suicidal, involvement with drugs or alcohol, involvement with gangs or cults, and mental illness. Usually at least four of these qualities are present in homicidal teens (Khadaroo). While many of these causes stem from home lif...
all judiciary cases in which any fact is involved,) or may they act by representatives, freely and
Criminal law and procedure cases ( No date). Regina v Maloney. http://www.vanuatu.usp.ac.fj/courses/la205_criminal_law_and_procedure_1/cases/R_v_Moloney.html. Accessed at 6/11/10.
"In 1991, a young mother was rendered helpless and made to watch as her baby was executed. The mother was then mutilated and killed. The killer should not lie in some prison with three meals a day, clean sheets, cable TV, family visits and endless appeals. For justice to prevail, some killers just need to die." (Macy). This poor mother watched her child get killed in front of her eyes only to get murdered afterwards and never received the proper justice she deserved. The murderer who committed this heinous felony only got time in prison. Is it not fair that this man should have received the death penalty after committing such a brutal murder? He murdered this poor mother and child and received an unfair punishment. If he were to have received the death penalty if would have done some just to the family. There is absolutely no way for the mother and child to receive full proper justice, but if the convict had gotten the death penalty it would be a step in the right direction. If someone such as a family member or a person who you are close with was to be murdered, would it not be fair for the crook who murdered them to receive the death penalty? It is only moral for that delinquent to suffer the same fate as
A contentious issue in current debate is the death penalty and its application in society. The death penalty, also known as capital punishment, occurs when a individual is punished by execution as a consequence of an offence they committed (Taylor, 2014). Although Australia does not practice the death penalty, many countries continue to employ it as a means of justice and uphold its value in society. The death penalty debate is a multifaceted issue, encompassing many aspects of society including ethics and morality, the judicial system, and politics and the economy. It will be argued that the death penalty is a morally dubious and obsolete practice that is no longer relevant in modern judiciary, as it breaches the inviolable human right to life. Ethics and morality are primary arguments for both supporting and opposing the death penalty, as some individuals believe that the death penalty is a immoral practice and others consider that it can be morally justified when prolific crimes are committed. Punishment is fundamental element to any legal system as a means of justice and ensuing that the offender is unable to commit additional crimes; however, in the case of the death penalty there can be dire consequences if the legal system is wrong. Politics and the economy are also greatly influenced by the death penalty as they determine if the practice is maintained. The death penalty breaches a number of human rights laws and some individuals support that it is immoral; however, others consider it to be justifiable due to the heinous actions of the offender.