Dr. M Henner
Intro to US Law Final
27 April 2014
The problem with this defense is that insanity in this particular essay is either examined from a legal angle or a psychoanalytical one which involves talking to people and having them take tests. There is however, no scientific proof confirming the causal relationship between mental illness and criminal behavior based on a deeper neurological working of the brain sciences. The psychiatrist finds his/herself in a double bind where with no clear medical definition of mental illness they must answer questions of legal insanity beliefs of human rationality, and free will instead of basing it on more concrete scientific facts. The criminal justice system and modern science approach the question with interestingly different perspectives. The M'Naghten rule allows little room for negotiation of the crime details. Essentially, the defendant is declared either sane or insane; the defect of reason from a brain disease makes them either right or wrong. Advances in the field of neuroscience indicated that certain mental diseases were caused in part by factors outside the control of the individual inflicted with the disease and the fact that medication could be used to successfully alter one's behavior was a scientific breakthrough. There was a case by the name of John Hinckley case that was re-popularized the tough rule of the M'Naghten creating an ambiguous relationship between law, psychiatry, and neuroscience. Insanity, at the end of the day is a legal determination. The fact that the legal system had the authority to form and terminate the various laws of defense shows that it is a very malleable system of practice. Nonetheless, in today's insanity cases, mental health experts, doctors, and scientists have important roles to play. They can inform the jury of the nature of the defendant's mental illness, the likeliness that the crime might be repeated, and whether the...
FACULTY OF LAW
CRIMINAL PROCEDURE WORK
DISCUSSION ON THE FACTS AND LEGAL ISSUES IN S V MAKWANYANE 1995 (3) S.A.391 (CC)
Prepared by: Hyacinthe H.
Kigali, March 2011
ABBREVIATIONS AND ACRONYMS
CC : Criminal Court
Http : Hyper Text Transfer Protocol
Ibid : Ibidem
Id : Idem
S v : State Versus
S.A. : South Africa
ULK : Kigali Independent University
WWW : World Wide Web
TABLE OF CONTENTS
ABBREVIATIONS AND ACRONYMS i
TABLE OF CONTENTS ii
1. INTRODUCTION 1
1.1. Facts 1
1.2. Legal issues 1
1.3. Death penalty 1
2. DISCUSSION ON FACTS AND LEGAL ISSUES IN S v. Makwanyane 2
2.1. Fundamental rights and limitation of rights 2
2.2. The essence of human dignity in South Africa today 3
2.3. Death penalty 3
2.4. Legal issues of death penalty by other countries 4
This course work is about a summary of facts and legal issues in the S v Makwanyane 1995 (3) S.A. 391 (CC), and for a good comprehension of this work, I prefer to start on the definitions of key words in the topic of this work which are: facts, legal issues, death penalty.
According to the American Heritage® Dictionary of the English Language, the word fact (făkt) is a noun which means: 1) a. something demonstrated to exist or known to have existed; b. A real occurrence; an event; 2) A thing that has been done, especially a crime; 3) Law The aspect of a...
...Running Head: Controversies
Controversies in the Philosophy of Law
LS490-01: Unit 5
November 16, 2010
The proper aims of law have been debated and tested through legislation and case law from the early start of America. Although it is clear that common good for society as a whole should be a prime consideration in creating and implementing law, the specifics of why laws are made are still being debated today. Three influential philosophers, John Stuart Mills, Gerald Dworkin and Devlin have brought great insight into the proper aims of law. John Mills presented the argument that “acts that directly diminish another’s well being… failure to perform identifiable obligations one may have to others… [and] failure to perform one’s share of what is required for a decent common life in society” (Murphy, 2007, pp. 83, 84). Gerald Dworkin proposed “legal restriction… to protect or promote the subject’s good” (Murphy, 2007, pp. 94-95). Devlin believed in the importance of morals in the “interest in the preservation of society” (Murphy, 2007, p.101). All of these philosophers brought perspectives that have aspects of validity and are still applied today. In controversial issues such as statutory rape among consenting teens, abortion, capital punishment, assisted suicide and mandatory car insurance, the debate over which aim is right and proper still rests on which...
...examine the aspects of criminal law. I will describe the purposes of criminal law, which will entail the two main functions of criminal law, and will address how criminal responsibility could be limited. In this paper I will identify one justification and excuse defense. I will also explain why they are used. By reading this paper, one should have a description of the procedural safeguard that protects American Constitutional rights.
Purposes of Criminal Law
Many may wonder what the purpose of Criminal law is. In my opinion, it is to protect the people of society. In actuality the main function of Criminal law is to protect citizens from harms to their safety and property and from harms to society’s collective interests (Criminal Justice in Action, 2006).That basically means that the criminal law protects people from the harms of murder, theft or arson. It also protects the society interests collectively. It is a criminal law polluting the environment and also bad consumer products that are not safe. The second function of Criminal law protects the values of Citizens in the society. An example of protecting the values of citizens is to arrest prostitutes and drug dealers. They are not hurting anyone because the other party me be in content with the act, but in reality someone will be hurt.
The U.S. Constitution and state constitutions...
...The Law Code of Hammurabi
The laws that govern the world of today weren’t without some form of basis or foundation to go off of. As with most subjects, a precedent of sorts was established in the past. In particular, the Law Code of Hammurabi, who was a Babylonian ruler, administered a long list of laws that were depicted as originating from the gods themselves. It is through the creation of these rules that the differences between social standings and distinct classes, as well as the general insight into the society of that time frame are clearly evident. Even as this body of laws is claimed to have been bestowed upon by the gods, it is questionable if there wasn’t some degree of bias in their design, despite the endeavors to put the differing classes in equal terms as far as committing crimes went. It is through this body of laws that the society of today has been shaped as it has, even if indirectly and with much refinement.
The age-old era of ancient Mesopotamia during which Hammurabi ruled was a time where the word of the gods was weighted heavily. In the minds of the monarchy, as well as the people, the laws set in place which were derived from the word of these gods put a certain perspective in place. And that perspective was that by violating the laws, it was an act of disregarding the god’s heavenly word. It was not only a means of controlling how...
...Law vs. Morality
Law is a system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by imposing penalties, where as morality is the principles concerning the distinction between right and wrong or good and bad behavior. The question circles around just what rules the community/country recognizes and how is a principle viewed as right or wrong. Different countries may have their own definition of morality and their own set of rules; but after looking at several cases in different places and time periods, can one say that law is truly based on morality? And if so, whose morality, theirs or universally? The answer depends on multiple points of views.
Even with the diversity present on this Earth, there are several actions that countries all over the world deem as immoral and consequently illegal. No matter where one goes – in this time period – acts of murder, theft, assaults (all types), and fraud are all met with great consequences. This was not the case in the Holocaust led by Hitler and the Nazis during World War II. At the time, they thought there was nothing wrong with killing the people whom they thought were “immoral” such as the Jews and homosexuals and their actions were not met with any consequence. Here, the idea of morality was influenced by the country’s political conditions. Also, US slavery was legalized until...
Professor Joseph Daly
1 October 2013
The major airlines we know of today as US Airways was founded in the mid 1930s, except it was known as All American Aviation. All American Aviation started service as an airmail carrier to small western communities in the Ohio Valley and Pennsylvania. In 1949 All American Aviation underwent a name change to All American Airways; along with the company’s new name the airline changed operations in terms of the services it offered to the public. This time the company opted to focus on customer service, rapid growth in route systems, and in 1953 All American Aviation changed its name again to Allegheny Airlines.
In 1965 Allegheny Airlines purchased the turbine-powered Convair 580. A year later the airlines purchased a DC9-10, but then replaced it in 1967 with a DC9-30. The DC9-30 would hereafter form the fleet for Allegheny Airlines. After acquiring the DC9-30 fleet the airlines began providing passenger carriage from Hagerstown, MD and Baltimore/Washington International Airport. Along with the pressure of having to compete with other airlines and the importance of pleasing the passengers, Allegheny Airlines wanted to re-invent their fleet with more dynamic and dependable turbo-props.
The airlines first merger took place in 1968 with Lake Central Airlines. Along with this merger the airlines was able to effectively grow their route network; from Pittsburgh,...
...Examine the key ideas associated with law and punishment
Law and Punishment go hand in hand. There are Laws, which are the system of rules which a particular country or community recognises as regulating the actions of followers, and there are punishments, for when a member of said country/community breaks the rules. Punishment is defined as the infliction of a penalty or to cause pain for an offence. Most of the time it is not a choice as to whether you are part of a law-following community because almost all countries in the world have some kind of law-system and often the minute you turn the age where you are legally responsible or step off the boat, plane or train you are subjected to their laws.
The Biblical views on punishment have often been based on the old testament teaching ‘an eye for an eye’. The bible also lays out punishments for certain crimes that appear to follow this teaching.
Except that there are many punishments in the bible that seem to be out of proportion to the crime e.g. “whoever curses his father or his mother will be put to death”. There are many problems with this statement for example it does not state how old the son/daughter has to be to deserve this punishment, it seems to imply even a 4 year old who does not necessarily know what they are saying can be put to death for cursing their parents. An eye for an eye is also relevant in today’s...
...bankruptcies filed by US based airlines alone in the past decade12.
In addition to aforementioned segmentation by cargo and passenger mileage, the industry can be segmented geographically and by service area. Geographically, the global market share is divided (via RPK) as Asia-Pacific 31.1%, North America 25.3%, Europe 25.1%, Middle East 9.1%, Latin America 6.8%, Africa 2.6%2. The industry is also defined by international versus domestic travel. Domestic travel is often further subdivided into regional versus national or major airlines. Within the 5.3% growth in RPK, international travel represented an RPK growth rate of 6.1% while domestic travel represented 4.0% growth2. Within each region, the Middle East has represented the largest 20 year growth of 7.3% while North America represented the slowest at 3.3%. Within each traffic flow, the US domestic travel market remains the world’s largest at over 14% of the current RPK share. However, projections are that domestic travel within the People’s Republic of China will attain the dominant global share by 2031 based on its CAGR of 7.0%. Additional notable growth in travel flow is domestic travel within Inida, a CAGR of 9.9%6.
US Air Market
The US Airline market is a $174.7 billion dollar industry generating a net profit margin of 2.1% and employing over 514,000 people1 while representing an estimated 8% of the US GDP8....