Nobody downloaded yet

Changes in Legal Defence - Essay Example

Comments (0) Cite this document
Summary
Changes in Legal Defence In order to be able to navigate and sustain in a diverse and changing world, our society must adapt to many advances quickly and efficiently. This is particularly true in the case of the law that maintains order. As a deterrent and protector of citizens the legal system has always developed for the better, crucial in minimizing constantly emerging threats and dangers to life and property…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.6% of users find it useful
Changes in Legal Defence
Read TextPreview

Extract of sample "Changes in Legal Defence"

Download file to see previous pages This is the bedrock of the Canadian legal system and the concept of defense is crucial in the determination of culpability. In the worst case scenario they must be given the opportunity to justify their actions through defenses. Recent events have shown unique and new cases that demonstrate the evolving nature of the legal system. These reflected in the way the law is ever changing in order to maintain a valid standpoint. An important aspect to this characteristic is how new legal defenses become legitimate and necessary addition to the legal system. There are several land mark cases in which seemingly absurd ideas such as automatism, battery and duress become legitimate defenses and excuses from criminal guilt and culpability.  Automatism Automatism attracted attention recently with several high profile criminal cases that led to acquittal. The decisions for these cases constitute entirely new elements to Canadian jurisprudence. For example, there was the case of Kenneth Parks who killed his mother in-law and attempted to do the same to her husband. This happened in 1987 and was a controversial event that riveted the whole country until a verdict was reached in 1988. Ramsland (2010) provided the grisly and enlightening details: He rose from bed and got into his car. Despite, as he said later, not being awake, he drove about 14 miles to the home of his wife's parents in Scarborough. Accounts say he then removed a tire iron from the car and entered the house, where he proceeded to beat his mother-in-law to death and choke his father-in-law into unconsciousness. He also used a knife from his in-laws' kitchen to stab them. (Ramsland, 2011) The defense for Park was automatism. His lawyer argued that this defense is supported by several important evidences. First, the perpetrator had a history of sleepwalking. Secondly, he had a good relationship with his wife’s parents and, hence, had no motive for murder. Park’s defense team assembled an army of experts – psychiatrists, psychologist, neurologist, and a sleep disorder specialist - explaining what automatism is. (Ramsland) The “disorder was new to the jury and, certainly, to the legal system. There is no explicit reference to this in the Canadian jurisprudence that is why the defense settled on homicidal somnambulism. The collective arguments presented by the experts, who demonstrated how sleepwalking is a neurotic disorder and could result in an individual having less control of his or her actions, finally convinced the court that Parks was innocent. It was declared that his acts were unmediated and unconsciously committed, hence, free from criminal liability. The cases of murder and attempted murder lodged against him were promptly dismissed. As a defense, automatism is considered to be a category separate from insanity plea. A case of a woman charged with murdering her husband had the jury reject the verdict of not guilty by reason of insanity but acquitted her of murder on the basis of automatism because she was proven to be subject to narcolepsy, a rare sleeping disorder. (McCord, McCord & Bailyer, 2011, p. 254) Another case, however, show a different facet to this type of defense. This was the case of William Wade who was charged with murder when he repeatedly stabbed his wife, banging her head on the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Changes in Legal Defence Essay Example | Topics and Well Written Essays - 1750 words”, n.d.)
Changes in Legal Defence Essay Example | Topics and Well Written Essays - 1750 words. Retrieved from https://studentshare.org/law/1441162-thesis-new-legal-defences-are-legitimate-and
(Changes in Legal Defence Essay Example | Topics and Well Written Essays - 1750 Words)
Changes in Legal Defence Essay Example | Topics and Well Written Essays - 1750 Words. https://studentshare.org/law/1441162-thesis-new-legal-defences-are-legitimate-and.
“Changes in Legal Defence Essay Example | Topics and Well Written Essays - 1750 Words”, n.d. https://studentshare.org/law/1441162-thesis-new-legal-defences-are-legitimate-and.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Changes in Legal Defence

MOD (Ministry of Defence)

...? MOD (Ministry of Defence) Question a Biometrics is fundamentally regarded as an automated procedure of distinguishing a particular individual on the basis of behavioural feature. The technologies related to biometrics are incessantly becoming the base of a widespread assortment of extremely secure identification as well as personal authentication solutions. In this similar context, it has been apparently observed that the requirement for greater personal verification along with secure identification is constantly becoming apparent (TNS, 2012). In relation to the case study, a dedicated biometric “solution” is needed for the purpose of carrying out difficult roles within life threatening military battleground...
6 Pages(1500 words)Essay

The defence of self-defence

...or harm that is likely to result from the forces use. Palmer v The Queen is an Australian case that provides the basis of the class test that. This case was appealed in the year 1971 to the Privy Council: “The defence of self-defence is one which can be and will be readily understood by any jury. It is a straightforward conception. It involves no abstruse legal thought. ...Only common sense is needed for its understanding. It is both good law and good sense that a man who is attacked may defend himself. It is both good law and good sense that he may do, but may only do, what is reasonably necessary. But everything will depend upon the particular facts and circumstances. ...It may in some...
5 Pages(1250 words)Essay

The defence of Roman

... leader ready to comply with the rules of Rome. Judea, just as Rome, had problems when it was under the rule of Archelaus. Judea experienced a widespread rebellion that led to its unsteadiness (Class Notes). This posed a big problem to Rome since it was forced to take control over Judea in order to establish stability and secure its interests. Instability among client states made Rome to annex them. For instance, Commagene was very loyal and friendly to Rome because it played a crucial role in the supply of military personnel and equipment to the Romans during their campaign in the East. However, this changed in 17 AD when Commagene was appropriated as a province. This appropriation took because of the demise of its king. The king... of...
5 Pages(1250 words)Essay

Defence Diplomacy

...The Defence Attachs - Vectors of Defence Diplomacy Definition Diplomatic Missions are not merely country representatives but representatives whose function is the solidification of ties within host governments and the safeguarding of the home country's interests and welfare. As representatives of states, Diplomatic Missions are, in themselves, statist microcosms. By virtue of the aforementioned, most, if not all, Diplomatic Missions comprise within themselves commercial, political, legal and military state representations, among others. Focusing on military representation, this report will elucidate upon the functions and purposes of Defence Diplomacy Missions. Prior...
6 Pages(1500 words)Essay

Coastal Defence

...leads to an artificial intertidal profile in which natural processes are in constant competition with the alien environment in which they find themselves. (Beatley 1-22) As a result, especially over the past few centuries, many estuaries have experienced considerable modification to their natural ecosystems, which have brought about changes in floral patterns and bird populations. From a process point of view, the dredging and land claiming which have occurred in estuaries have also produced changes in circulation patterns, tidal regime, and sediment deposition patterns, causing further knock-on effects for natural habitats and wildlife populations. (Barston 93-116) The need for coastal...
4 Pages(1000 words)Essay

British Defence Policy

..., but the price was fatal. By the time that military responses could be coordinated, the World Trade Center and the Pentagon had already been hit. Paradigm shifts like this were part of the rationale behind the writing of the Defence White Paper entitled "Delivering Security in a Changing World" in 2003. The British government recognized a number of factors that necessitated changes in the ways that government agencies handled domestic security. According to the introduction to the white paper, it was "evident that the successful management of international security problems [would] require ever more integrated planning of military, diplomatic and economic instruments at both national...
6 Pages(1500 words)Essay

Sidneys Defence of Poesie

...SIR PHILIP SIDNEY'S "DEFENCE OF POESIE" IS AN APOLOGY FOR IMAGINATION RATHER THAN LITERATURE. The essay provides a brief introduction to Sidney, and his place in the English literature. It further highlights the influence of Renaissance on him and his works. The essay goes on to state Sidney's views on poetic creation. Then it talks about how Sidney defences imagination in his treatise. The essay concludes with the statement that the treatise is an appeal to imagination rather than an apology for literature....
9 Pages(2250 words)Book Report/Review

Provocation As A Defence

.... Sometimes it is often ignored that the whether the crime committed has been the natural corollary of the provocation taken by the accused. Whether the accused had sufficient time to regain his self control and composure or not. In a number of cases these vital facts are missed and that results in injustice to the victims. Some of the eminent legal commentators advocate for the abolition of the defence of provocation. It is a proposal that merits serious consideration as the force and rationale of this ground of extenuation are not easy to state. A condition of angry loss of self-control is at the core of provocation. Yet anger is a criminal emotion and one of the key deterrent tasks of the criminal law is to provide incentives... Under...
12 Pages(3000 words)Essay

Criminal defence of provocation

...only if the loss of control by the wife was sudden. The CA contended that the lower court did not have the power to change the law because that is the sole prerogative of the Parliament The Proposed Law Under s 43 of the proposed Coroners and Justice Bill, the partial defence of provocation under s 3 of the Homicide Act of 1957 is abolished and substituted by the partial defence of loss of self-control. Instead of provocative acts and words, the proposed law uses the term “qualifying trigger” referring to and resulting in the defendant’s ‘fear of serious violence’ and a ‘justifiable sense of being wronged’ owing to acts or words that amount to ‘extremely grave character.’ In addition,...
8 Pages(2000 words)Essay

Ego Defence Mechanisms

...important details in life. She would not hear my explanation of what had happened and I got extremely angry for being wrongly accused. I felt like yelling at her and hitting her hard with my fist. I also felt like leaving my aunt’s residence right away. In a bid to quench my anger, I decided to leave the house and went to play volleyball with my friends. I hit the ball when it came my direction and eventually had my anger relieved on the ball. The application of sublimation in my life, as a defense mechanism, has been quite positive considering that even when I get frustrated, I never go to the extent of being destructive. Instead, I prefer to channel my energies toward a constructive course. This way, I have managed to avoid greater...
2 Pages(500 words)Assignment
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 Changes in Legal Defence for FREE!

Contact Us