The prosecution must without a reasonable doubt prove the defendant is responsible for committing the crime. And in doing so must remain within the regulations of the courts. Sometimes the prosecution’s personal, ethical. Organizational, or political beliefs can becomea driving force into a trail which can have negative effects on the courts when misconduct occurs or mistakes are made. When misconduct or mistakes are made it can have very damaging effects on individuals and their lives, but also to the credibility of the criminal justice system.
Today there are many people that believe Canada should bring back the death penalty for some of the more serious crimes committed such as rapes, murders, and terrorism. It is my belief that capital punishment should be reinstated in Canada so that justice is brought to those people who commit horrific crimes, therefore giving them no chance to be released into society. The history of capital punishment made its first appearance in Canada putting Peter Cartcel to death in 1749 after stabbing three men causing the death of Abraham Goodsides and injuring two others. This is presumably the earliest recorded use of capital punishment as it is hard to be exact due to the lack in systematically keeping records until 1867. In the early years a person could receive the death penalty by committing such crimes as treason, theft, burglary, rape pedophilia, homosexuality, and bestiality.
Even tough crime is very complex; this paper will go to focus on the category offences against persons, in this case murder offences. As a concern of violence becoming higher in rates among Canadians, the government should reintroduce Death Penalty as a possible penalty of the crime of murder except specific cases to the aim of preventing and deterring crime nowadays. Also in this paper I will examine the arguments against the return of death penalty by analyzing and discussing David Milgaard case. Although is questioned to be and immoral act by faith, and currently a cruel act by Canadian law, Death
It is expected that this new law takes effect by the end of this year. The question now is: Why the other provinces in Canada did not legalize euthanasia and assisted suicide? The purpose of this report is to examine the many different points of view in favour and against euthanasia and assisted suicide. Euthanasia happens when terminal patients with excessive soreness are not able to kill themselves and require another person to do it. Normally, a doctor will induce the death with a lethal injection.
Since 1892, death was the penalty for all murders in Canada. It was abolished in 1961, here by on murder was divided into capital and non-capital groups as act of Parliament. The death penalty should be bought back in Canada as a consequence for capital crimes. By bring back the death penalty in Canada, we be successful in fixing three certain groups of issues within retribution, safety, and conditions. Crimes that are considered capital vary from Country to Country, or even state to state or province to province.
Q: The jury believes the expert testimony presented for plaintiffs. Why did their judgment not stand? Their judgment could stand because one of the parties believed that there was an error of law; some areas that can include mistakes about the substantive law that was made during the trial. Bases for appeal include failure by the trial judge to admit or exclude certain evidence, improper instruction being given to the jury, and the granting or denying the motion to dismiss the case. Usually the party appealing must show that the mistake would have affected the outcome.
Perspectives of Social Problems and Social Responsibility Within criminology there has been multiple theories suggested to explain the numerous motives behind why crime exists in our world. The two most central arguments surrounding criminal activity is whether the crime is the individuals fault, or if it is the fault of the society that they grew up in. These views are termed social responsibility and social problems, and will be discussed in this paper along with their respected perspectives that withhold why their view on criminology is the paramount reason on why criminals commit crimes. The view of social responsibilities approach to crime termed by Schmalleger essentially states that crime is an individual responsibility, and in terms of the criminal, victim, and justice system we all play a role within the social aspect of criminal behavior. Although he feels that this way of looking at crime is not fair to the victim or the justice system, but that the media over the years has influenced this way of thinking, giving the conception that certain conditions surrounding when, where, or how the crime took place may be the factor in why it happened in the first place.
The movie “Death Wish” portrays a constant struggle between the due process and crime control models. The due process model of criminal justice expects a lawful fairness to all citizens. Also, this model attempts to protect a defendant’s rights more than the victim. It relies on authorities powers to be controlled by rules and procedures in order to prevent excessive use of their power. Also, it is important in this process to prove a person guilty by legally-found facts and evidence.
Such evidence could include scientific testing that was performed by the government, crime scene photographs, or statements given to the police or the prosecutor by witnesses. Sometimes, the prosecutor may not want to share specific evidence with the defendant before the case goes to trial, and the court must decide whether or not the prosecution is right to withhold the evidence from the defense. If there is resistance in the contribution of evidence, it is the defense’s burden to prove that the evidence is pertinent to the preparation of their case. Also, if the prosecution is willing to share their evidence with the defense, the defense must also be willing to provide the prosecution with the defense’s evidence. In the case that they are not willing to collaborate with the prosecution, the defense is not permitted access to the requested evidence.
Debate Ladies and gentlemen, we stand before you today defending the need for the establishment of capital punishment in Canada. Capital punishment or the death penalty is the act of executing one who has been found guilty of a heinous crime, the definition of which is determined by the state. Although this form of punishment has not been practiced in Canada since 1976, we believe that it should be reinstated into our justice system. This protocol is a necessity. It acts as a crime deterrent.