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Criminal Case Defense Analysis Criminal Case Defense Analysis When a person gets arrested for a crime‚ that person will remain a suspect until proven guilty otherwise in court. This person will then have the chance to avail himself with the best legal representation available. “A defense consists of evidence and arguments offered by a defendant and his or her attorney(s) to show why that person should not be held liable for a criminal charge” (Schmalleger‚ 2010). Generally speaking
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Case: Francisco vs. People Facts: Macario Linghon without knowledge went and sold to the shop of the petitioner Ernesto “Erning” Francisco the jewelries which was stolen by his sister Pacita Linghon to a certain Jovita Rodriguez. Sometime after the jewelries have been stolen‚ Jovita just discovered that the jewelries have been missing. She filed a complaint for theft against Pacita in the Counter Intelligence Group of the Philippine National Police in Camp Crame. Pacita was then invited for
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Following is an example of criminal law case that occurred in a business environment. Bio-diesel Fuel Company Titleholder Punished to 188 Months in Federal Jail for Misconducts Linked to Unlawful Fuels Scheme (Texas) Jeffrey David Gunselman is punished to 188 months in federal jail‚ and a fine of $175‚000 is charged and is ordered to pay more than $54.9 million in the case of restitution‚ following his shamefaced petition to an impeachment alleging 24 counts of money laundering‚ 51 counts of the
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A rare criminal case comes out to court‚ the case is on an out of hospital birth of two twins. The convict is a 57-year-old Utah midwife who was sentenced to half of a year in prison. The midwife committed manslaughter‚ the judge finally decided after he calls the trial‚ the most difficult trial he has ever had to decide. The midwife told the parents of the twins that she could surely deliver the twins safely‚ but whenever one baby came out purple and unable to breathe‚ Sorensen used outdated techniques
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Original Trial In R v. Stone & Dobinson [1977] 1 Q.B. 354‚ the verdict of manslaughter‚ and its upholding on appeal‚ is well justified by the facts. In the trial‚ there was no dispute that the actions of the defendants resulted in Fanny Stone’s death – she was unable to care for herself‚ and they neglected to care for her – constituting actus reus. However‚ there was a question of their duty of care for her‚ and therefore whether their inaction to care for her constituted mens rea for the crime.
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In R. v. Malmo-Levine; R. v. Caine‚ the court held that the harm principle is not a principle of fundamental justice for the purposes of Section 7 of the Charter. Explain the harm principle and the court ’s reasons for rejecting it. Did the court reach the right decision in holding that the authority of the Canadian state is not limited by the harm principle? Why or why not?In his essay "On Liberty"‚ John Stuart Mill explains the importance of one ’s liberty and gives his opinion on how society and
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were given rise to on 12 August 2000 and as opposed to 2 separate cases rape cases which Bilal Skaf was also a belligerent for the month of August 2000. I will also be mentioning the recent appeal case in 2008 which reduced the sentences given for the crimes in 2006. R v Bilal SKAF Legal citation of the case: Regina v Bilal Skaf; Regina v Mohammed Skaf [2006] NSWSC 394‚ 28 July 2006 AND amendment to this decision with the appeal: R v Skaf & Skaf [2008] NSWCCA 303‚ 17 December 2008 Outline the elements
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citizen accused of crimes the right to counsel in criminal procedure and their defense. To understand this process‚ one must understand the developments for the right to counsel‚ self-representation‚ and the roles of an attorney and when the right to counsel is attached. Development of Right to Counsel In the 16th and 17th century‚ the law did not allow or provide for the use of attorneys in any court case‚ except for treason cases. It wasn’t until the 18th century in which the
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R v Hester [2007] EWCA Crim 2127 Court of Appeal The appellant was a police officer who had become involved with a criminal enterprise involving blackmail of two wealthy businessmen‚ Scragg and Phillips‚ who provided payroll services to the construction industry. The appellant’s co-defendant‚ McKay‚ had contacted Scragg and arranged a business meeting in a pub. When Scragg turned up he was attacked by a gang who were waiting for him and falsely imprisoned in an upstairs room of the pub. Phillips
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