CJS 211 Lecture Notes - Lecture 11: Homicide, Strict Constructionism
8 Dec 2020
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Sometimes, law will construct a trust fund even if it hasn"t been written. Example: couple accumulated property when they were together for 22 years, she actively partook in the construction of trust, everything was in his name, they broke up she got nothing. Supreme court said that she didn"t get anything. Down the line, another case came about and court gave reason to: remedial constructive trust. Benefits of your labour are expected to be given back to you. If you kill someone while committing an offence in a given list (i. e. trust), court will say that you directly murdered someone in the first degree. For example, in this case, we know that ordinarily murder is of the first degree when it is planned and deliberate. Please take note of the reference to the doctrine of strict construction. This case deals with an offence that can be characterized as a constructive crime.
