Nobody downloaded yet

The Penalty Phase - Essay Example

Comments (0) Cite this document
Summary
The Penalty Phase It is a critical political time and re-election campaigns are on. Judge Hoffman, is under fire from his opponents for being soft on criminals and he is purposing to prove them wrong while presiding over this particular media-displayed trial…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER98.3% of users find it useful
The Penalty Phase
Read TextPreview

Extract of sample "The Penalty Phase"

Download file to see previous pages To add on this, the jury already had a verdict; Esherman was guilty of more than 30 charges against him. He was convicted of mutilating, raping and murdering 17 teenage girls. Shortly after this verdict was given, Hoffman is tipped by about violation of the defendant’s rights during interrogation. He finds out that the evidences used against Esherman were not obtained legally. The search warrant used was invalid thus the arresting officers had violated Esherman’s constitutional rights. This renders the whole procedure void. Further probing reveals corruption on part of the district attorneys and lawyers, some of whom are running on Hoffman’s political slate. Hoffman realizes that if he undertakes the appropriate legal action, he will definitely destroy his political career. He is caught in the middle of a legal storm and is faced with a profound legal dilemma: Should he honor every stroke of the law, and incur public wrath and loose every hope of being re-elected or should he deliver justice to the perpetrator and risk destroying his political life? The ethical dilemma from the perspective of each main character The main characters in the movie are Hoffman, Esherman, the prosecutor, and Hoffman’s main opponent, Susan Jansen. Hoffman feels that he has a legal obligation to defend the rule of law and consequently Esherman’s rights. ...
According to them, nothing should be reversed in favor of Esherman and this is seen when Jansen takes advantage of the media coverage to popularize an image of Hoffman as a liberal who is soft on criminals. How the dilemma was resolved Hoffman’s ultimate actions and rationale represents the part of the movie that was splendidly executed. Having considered his personal, public and legal interests, Hoffman decided to rule the case in favor of Esherman. Through a clear interpretation of the law and especially in regard to the legality of evidences, Hoffman declared the whole process invalid because of the violation of the defendants and the corruption involved. He based his exclusion of the evidence on the way it was obtained. In doing so, Hoffman already beat his opponents by throwing the blame to the police for their unwarranted conduct when collecting evidence and satisfying the interests of the public by according justice to Esherman. The kind of ethical framework that best describes how the dilemma was analyzed and resolved. The kind of ethical framework that describes how the dilemma was analyzed and resolved is the need for zealous prosecution. This ethical framework requires that legal professionals should not only seek to prosecute. They should also seek for justice for the offenders including those found guilty. This framework is based on ethical theories like rule utilitarianism. This theory supports the exclusionary rule because the long-term impacts of allowing illegal police behaviour will be more costly than allowing one criminal free. This framework therefore supports the power to use discretion among judges. Pollock (2004) explains that the use of discretion occurs in ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The Penalty Phase Essay Example | Topics and Well Written Essays - 1250 words”, n.d.)
The Penalty Phase Essay Example | Topics and Well Written Essays - 1250 words. Retrieved from https://studentshare.org/law/1438635-movie-review
(The Penalty Phase Essay Example | Topics and Well Written Essays - 1250 Words)
The Penalty Phase Essay Example | Topics and Well Written Essays - 1250 Words. https://studentshare.org/law/1438635-movie-review.
“The Penalty Phase Essay Example | Topics and Well Written Essays - 1250 Words”, n.d. https://studentshare.org/law/1438635-movie-review.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The Penalty Phase

Death Penalty

... Death Penalty Death penalty has been a controversial issue in the international community. Many nations have been disturbed and argued about the best way it can be handled. This has made generation of questions on how best the capital offenders can be punished in order to have justice for both the offenders and victims of the circumstances. The bill of rights supports the right of individuals to live and associate freely. On the other hand, the same legal provision is also used to condemn capital offenders to death sentence. The religious community questions the legality of the death sentences and at the same time urges citizens to follow the law. It is still ironical when they defend the law breakers. Many countries stress... to maintain a...
4 Pages(1000 words)Essay

Death Penalty

...Death Penalty- Should we abolish Capital punishment? The follow of capital punishment is as aged as government itself. For most time in the history, it has not been believed to be contentious. Since medieval times most Governments have penalized a broad selection of misdeeds by death and also have demeanor executions as a custom of the management of criminal law. However, in mid 18th Century, social critics in Europe began to highlight the value of the human being and to condemn Government practices they deemed unjust, including Capital Punishment. Capital Punishment has been used as castigation for many crimes since ancient times. The Bible recommends death for many heinous crimes such as witchcraft, kidnapping and...
7 Pages(1750 words)Research Paper

Death penalty

...?Death Penalty In a world characterized by all forms of crimes, law and justice are very important aspects in the society. There are different levelsof crimes. Some are civil while others are capital. Governments and religious organization dictate the course of justice to the offended and the punishment to the convicted in the society. There are various forms of justice and punishment applied by governments and religious groups. Different crimes require different punishments. Among such punishments is the death penalty. However, in also most all cases the power to prescribe a punishment rests with the courts of law that are arms of the government. Death penalty also known as capital...
5 Pages(1250 words)Essay

Death Penalty

...Lecturer: Death Penalty Should Not Be Abolished Death penalty or capital punishment is the form of punishment, which involves execution of criminals who commit capital crimes. Execution is achieved through means such as electrocution, hanging, lethal injections etc. (Hood 36). Capital crimes vary according to various jurisdictions. Murder, rape, drug trafficking, treason, mutiny, armed robbery etc. are some of the common offenses that attract death penalty. The history of death penalty runs back to ancient civilizations such as the Romans, Greeks and the Babylonians. The Roman Empire, for example, utilized crucifixion as a way of inflicting pain and death on convicted...
6 Pages(1500 words)Research Paper

Death penalty

...Death Penalty Distribution, Miscarriages of information and Deterrence are often cited as reasons to justify death penalty. However,Van den Haag in his article “The Ultimate Punishment: A Defense” rejected all these reasons for giving capital punishment even though he supported death penalty. In his opinion, “Equality is morally less important than justice and justice is independent of distributional inequalities” (Van den Haag). It is a fact that many of the criminals who committed serious offenses escaped from death penalties whereas criminals who committed less serious crimes forced to accept death penalty. However, there is no point in avoiding death...
2 Pages(500 words)Essay

Death Penalty

... The Death Penalty, a Just Punishment Punishment for crimes which are deemed cruel and unusual is forbidden by the Eighth Amendment to the U.S. Constitution. This amendment is often invoked when discussing the legal merits of the death penalty. The use of the death penalty is considered by some to be the most obvious and heinous example of cruel and unusual punishment. Those opposed to capital punishment do not believe that the government should be vested with the power to put any of its citizens to death. Opponents also maintain that the practice is racially biased, overtly costly and does not achieve the intended outcome. Proponents believe it to be neither cruel nor unusual, on the contrary, they think it just and fair... that...
6 Pages(1500 words)Essay

Phase 1

...Response essay The rapid globalization of the recent years has tremendously changed the very dynamics of the business world. Apart from becoming fiercely competitive, the business around the world is fast changing its business and public-relation strategy to encompass areas that were hitherto, not considered relevant. In fact the public relation is increasingly becoming one of the most important areas that have major influence on the overall performance of the companies. In the changing scenario, the management of Global Gadgets Imports (GGI) needs to reassess its image building strategy at the earliest and introduce a more personal touch with its customers by getting involved in community services. Looking at the public relation...
2 Pages(500 words)Essay

Death Penalty

...The death penalty is a controversial issue. The high cost of a death penalty case, s committing the same acts as the criminals they are puttingto death, the issue of discrimination, and no proof of significant deterrence all favor an anti-death penalty movement. On the other hand, many victims’ families do not feel that mercy should be shown to their loved ones’ murderers. Obviously in the United States the people in death penalty states like Oklahoma, Texas, and others want the death penalty. I agree with the death penalty in certain instances. The death penalty should not be used for the mentally ill or youths under...
3 Pages(750 words)Essay

Death Penalty

...For the Abolition of the Death Penalty Introduction The New Testament of Bible teaches us that Jesus Christ was a victim of capital punishment. He was tried and sentenced without even the chance of defense, and the accusations were all fabricated. Christ left us an example – that the state’s finishing of life, legally killing a criminal, is all wrong. Although, theologically speaking, Christ’s dying on the cross was for some deeper meaning, which is redemption of mankind, there was other meaning of the crucifixion, or the state’s condemning the life of a convicted criminal. He was showing to the world that it was all wrong – the method, the principle, and all the circumstances surrounding the death penalty. Our main points... for the...
8 Pages(2000 words)Essay

Death Penalty

...Death Penalty Death penalty is considered as a capital punishment in the U.S although many countries did away with it. Some term death penalty to be contrary to humanity values and barbaric although others take it to be a necessary tool to control pre-meditated murders. In the recent past, it has proved that there have been incidents of wrongful executions and has therefore given the reason for the penalty review (Cromie, 2013). As a result, there has been debates on the necessity of this capital punishment has lingered on an on. In opposition of the death penalty and in agreement with people of similar opinion, death penalty cannot be...
1 Pages(250 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic The Penalty Phase for FREE!

Contact Us