Preview

Mr Latimer Famous Quotes

Good Essays
Open Document
Open Document
657 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Mr Latimer Famous Quotes
Famous Quote
“Once I present the case to the jury I totally accept their verdict. I'm at peace with either of the two verdicts that they could have rendered. They really worked hard on this. I don't look at it as a compromise. I think the evidence would have supported either verdict, second-degree murder or not guilty by reason of insanity. That's what juries are for.”(Peter Berger)
Famous Quote
“Once I present the case to the jury I totally accept their verdict. I'm at peace with either of the two verdicts that they could have rendered. They really worked hard on this. I don't look at it as a compromise. I think the evidence would have supported either verdict, second-degree murder or not guilty by reason of insanity. That's what juries are for.”(Peter Berger)
Question:
…show more content…
Case
Mr. Latimer challenged the sentence on the grounds that the mandatory minimum sentence of 10 years for second degree murder constituted cruel and unusual punishment. The Supreme Court of Canada (SCC) dismissed Mr. Latimer’s appeal and upheld his life sentence with no parole eligibility for 10 years. The SCC held that the mandatory minimum sentence for second degree murder was constitutional and consistent with the goals of sentencing. The court also ruled that the trial judge was correct in not allowing the jury to consider the defense of necessity.

Case
Mr. Latimer challenged the sentence on the grounds that the mandatory minimum sentence of 10 years for second degree murder constituted cruel and unusual punishment. The Supreme Court of Canada (SCC) dismissed Mr. Latimer’s appeal and upheld his life sentence with no parole eligibility for 10 years. The SCC held that the mandatory minimum sentence for second degree murder was constitutional and consistent with the goals of sentencing. The court also ruled that the trial judge was correct in not allowing the jury to consider the defense of

You May Also Find These Documents Helpful

  • Good Essays

    Toward the end of the deliberations, the Architect focuses the majority’s attention on the few remaining jurors who are holding out for a guilty…

    • 996 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    This means that the guilty individual receives the fairest possible sentence. A comparison to another insanity defense used, was the case of the Esposita brothers who had clearly faked being insane to get out of a death sentence. The Esposita brothers set a plan to gain money through robbery and were well equipped to take lives if anyone stood in the way. Both brothers were charged for murder of police officers and citizens. During their court trial, the Esposita brothers pretended to show signs of insanity by speaking in gibberish and banging their heads against the table. The jury was not convinced due to lack of evidence showing past history of insanity and had sentenced them to death by electrocution in 1942. This is one of many cases where a criminal had attempted to get out of a deserving consequence by using the insanity defense. Although it is rarely the case, some criminals convince the judge that they truly are insane when in fact, they were simply successful in fooling the judge. In comparison to the case of Dennis Pozniak who clearly was insane, it was determined that there was no benefit to the actions performed by Dennis and it was simply a spontaneous event that was brought due to an insane state of mind. Is it fair for an individual to get out of their deserved consequence simply because they convinced the judge that they are insane? I believe that unless the…

    • 1368 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    one say that the defendant received a fair trial. Judge Nielsen manipulated the Brady claim to…

    • 1105 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Those that have not been exposed to a jury trial might be rather shocked how to process works, not only in criminal matters but also in civil matters as in the case…

    • 522 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Although psychiatrist Dr. Jones concluded that Smith was mentally ill and therefore did not qualify for capital punishment, the M’Naghten Rule clearly states that if a person is aware of the wrongful nature of his act yet still carries it out, he is mentally competent and therefore should be legally held accountable. Perry clearly understood that he was breaking both moral and legal laws when fleeing from the crime scene so he should be punished accordingly. Besides, let us take a moment to consider the questionable accuracy of Dr. Jones’ report since it was compiled under such a short period of time. Also, the psychological analysis primarily relied on Smith’s anecdotes which we should note that Smith has had a history of dissembling innocence in order to gain the sympathy and pity of others (according to his sister Mrs. Barbara Johnson).…

    • 313 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    In Virginia State, Jay Lentz was convicted by a jury in July 2003 for the kidnapping and murder of his wife. The jury recommended that Mr. Lentz spend life in prison; however, the United States District Judge Gerald Lee dismissed the kidnapping charge due to lack of evidence. Two weeks after the judge convicted Mr. Lentz of murder, he found evidence of prosecutorial misconduct therefore the judge ordered a new trial for the alleged murder charge.…

    • 1215 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Your honour and members of the jury (facing judge), we are not here to debate whether this man, Vincent Brothers, is innocent or guilty despite being convicted on circumstantial evidence. Rather the unconstitutional fate of capital punishment inflicted by the State of California for murder.…

    • 983 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Twelve Angry Men

    • 1251 Words
    • 6 Pages

    At first glance, the evidence seems fairly damning to the accused: a unique murder weapon (switch-blade) that was supposedly bought by the rebellious teen, an overheard declaration- by an old man with a limp living below the duo- during a heated argument between the accused and the victim declaring that the teen would “kill him”, a poor-sighted woman who apparently saw the stabbing through a passing train, as well as a poor alibi given by the youth that he was at the movies, yet neglected to remember what was being shown. Without difficulty can one understand and justify the majority of the jury’s initial vote for a guilty verdict. But, would not taking the evidence at face value violate the founding principles of the United States criminal justice system? Condemning one to death with a casual glance at these evidences is neither about protecting the rights of the accused as a human being nor finding the truth to deal swift justice. Juror #8’s approach to the evidence is to illustrate that: On cases - in which the death penalty is the consequence – jury, as objective citizens must decide whether or not a criminal charge can be proven to be fact. If the evidence of prosecutors does not determine that no other theory is possible, then who has the right to do anything but set the…

    • 1251 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    At the outset, eleven jurors vote in favor of convicting the accused without even discussing a single shred of the evidence presented at trial. Only one brave juror refuses to vote. He openly admits that he does not know whether the accused is guilty or innocent and that he finds it necessary to simply talk about the case. What follows is not only a discussion of the particular facts of the case, but an intense examination of the personal baggage that each jury member brings to the room.…

    • 809 Words
    • 4 Pages
    Good Essays
  • Good Essays

    At first, he states the stuff from the police report. He mentioned that the murder said he stocked the old man for 8 days straight. Later he moves on and asks the expert what is the definition of insanity. The expert states, “Insanity is a serious mental disorder, excuse from responsibility, utterly foolish and unreasonable. To help his side he brings up that insane people aren’t aware of what they are doing. The murder later claimed that he was not aware of what he was doing. The defense lawyer quickly responds using the police report, that he clearly was able to recall what he did. Also, he said he stocked the man for 8 day, which means he was aware of what and how long he was doing it. Further, he knew where he bared him and knew he was doing something wrong so he hides the body. Finally the lawyer presents his conclusion, “According to the definition the murder doesn’t seem to have the symptom of insanity and seems to recall everything that happened. While, the defense lawyer prepares his side I decide if my oppion…

    • 663 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The foremost important reason for the application of capital punishment is justice. In Canadian law, a first degree murder conviction will result in a sentence of life in prison with no possibility of parole for 25 years. First degree murder is charged for premeditated murder, the murder of a law enforcement officer in their line of duty, or the murder of someone in a course of a sexual assault, kidnapping or forced confinement. This means 25 years after committing an atrocious offence, a murderer could potentially be put back on the streets. This is by no means an adequate punishment for a first degree murder. The death penalty serves better than any other form of punishment, as it ultimately ensures that a criminal can never harm another person again. Execution is the only true form of justice that shows murder is intolerable and will be punished accordingly.…

    • 456 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Murder is a uniquely, heinous crime hence a mandatory life sentence is justified. However the former lord chief justice, Lord Bingham delivered his speech in 1988, rejecting the dispute that murder was a ‘uniquely evil crime’ and only a life term would validate. He argued that murder varied significantly and it was “unjustifiable” to treat them all equally. He then announced the case of paratrooper Lee Clegg, who was imprisoned for life for murdering a joy rider in Belfast. Lord Bingham concluded that he did not find it acceptable to give the same sentence as a mass murder such as Fred West. Currently, all killers are automatically given a life sentence. The judge recommended a number of years to be served, however it can be altered by the Lord Chief Justice and the Home Secretary, once the tariff is given to the offender the Home Secretary can then decide when the murderer should be released from jail.…

    • 1199 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Death Penalty In Canada

    • 1420 Words
    • 6 Pages

    Should Canada reinstate the death penalty for murder? Reinstituting the death penalty is not optional. If Canada wishes to prosper and flourish under God's blessing, we must reintroduce the death penalty. The foremost reason for the death penalty is God's mandate. Other reasons include the practical deterrent that the death penalty constitutes and, as a comparatively minor reason, the economic sensibility. I would also argue that the death penalty still applies to crimes other than murder and that our current penitentiary system is unnecessary and unbiblical.…

    • 1420 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Terrrito, pg 16, Chapter 10, Sentencing appeals and the death penalty, Crime and justice in…

    • 1035 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The movie “Twelve Angry Men” opens up with a sequence which justifies the above stated quote. The storyline follows the story of two random people chosen as jurors who have been asked to give a verdict on a murder case. The case involves the murder of a father by his teenage son. The verdict can be held legal and valid only if it is unanimous. At the start of the movie, everyone except a gentleman votes as ‘guilty’ for the boy. The gentleman expresses his desire to go over all the facts after which he would make his decision whether the teenager is guilty or not. After several deliberations, re-questioning of the stated facts and witness testimonials, slowly the jurors start changing their verdict from ‘guilty’ to ‘not-guilty’. The story ends with the unanimous verdict in the favor of the teenager.…

    • 495 Words
    • 2 Pages
    Good Essays