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muder and other crimes readings.docx

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York University
HIST 3850
William Wicken

Tison vs Arizona tison court applied the proportionality principle to conclude the death penalty was an appropriate punishment for a felony murderer who was a major participant in the underlying felony an exhibited reckless indifference to human lifethe case stems from a prison break during the summer 1978Gary tison was serving a life sentence at the Arizona State Prison in Florence for killing a prison guardthree sons plotted to break him and his cellmate Randy out of prisonthOn July 30 1978 the sons entered the prison for a visit taking advantage of a policy that allowed an informal picnic setting for weekend family visits carrying an ice chest packed with revolvers and a sawed off shotguns one of the aimed the shot gun at the lobby guard and Randy helped by cutting off telephones and alarm systems all escaped in Donalds car but one of the tires blewSgt John Lyons his wife son and niece stopped to help5 days later his body was found along with those of his wife son and nieceGary and the others stole stuff from the car and mentioned that he was thinking og killing the LyonsesWhen the others left to get water Gary started shooting them th August 8 the gang murdered James Judge jr and his wifekilled them and took their vanencountered police Donald tison who was driving was killed at the scene others fed on flowRaymond and Ricky and green Walt were caught Gary escaped to the desertover 300 police and volunteer searched for himhe died of exposure body was found 11 days afterGreenawalt and surviving tisons were charged with 92 crimes including 4 counts of murder two tison brothers were tried individually for capital murder in the death of the Lyonses and both were convictedThree things were proved 1 Tisons created a grave risk of death to others 2 murder was committed for financial gain 3 murder were heinous and cruelArizona Supreme Court upheld the sentencesThen the Supreme Court decided Enmund Enmund Capital proportionality principle to set aside the death penalty for the driver of a gateway car he didnt take a life intend to take a life or attempt to there was no record that he tried to even kill anyone Enmund was prohibited by the Eighth Amendment because Enmund only aided and abetted a felony in the course of which a murder is committed by others but who does not himself kill attempt to kill or intend that a killing take place or that lethal force will be employedR v Vallinacourtwas charged with culpable homicide convicted of second degree murder resulting from a robber of a pool hallhe had a knife and thought his friend also had a knife when in fact his friend actual had a gun he explicitly told his friend before the event that he did not want to have any guns involvedduring the robbery his partner fired a shot and someone was killedcharge falls under s230d which negates any necessity for mens rea of killing to be proven before a conviction can be entereddefendant is challenging this section stating that it is contrary to ss7 and 11 of charter appeal allowedall crimes comes with a stigma attached such as culpable homicide and constructive murder require proof of mens rea Rv Martineau Martineau and a friend were out with weapons pallet gun and a rifle and they knew that they were going to commit a crimeMartineau thought it would be a break and enterthey broke into a trailer robbed the occupants at which time Martineaus accomplice short and killed the husband and wife living there Martineau was charged under 230a of the criminal code which states that homicide is murder if it is committed during a break and enter and a death ensures when a person means to cause bodily harm to commit the crime or get away even if he doesnt want to kill the person or think they are likely to die Martineau was convicted at trialconviction was crushed Crown appeal to the Supreme Court of Canada does a charge of murder require intent and is it subjective or objective that intent is requiredappeal was dismissedall murder should require subjective intent as it is the most heinous and punished crime the decision was turned over because it violated sec 7 and 11 of the Charter of RightsR v Smithersa black player on a hockey teammembers of the opposing team Cobby racially insulted him during a game45 mins after the game he ran up to Cobby and punched him in the head twice he then kicked Cobby in the stomach and he fill to the ground within 5 minutes he appeared to stop breathingCobby was dead on arrival at the hospital and the cause of death was to be spontaneous aspiration from vomitinghe choked on his own vomitSmithers was convicted of manslaughter at trial and the conviction was upheld on appeal was the kick an efficient cause of death to attract criminal liabilityappeal dismissed conviction upheldcrown had to prove the kick caused the vomiting and the vomiting then cause deathaccepts the crowns argument that this was outside the de minims range R v Lavallee Lavallee and her common law partner Rust had an abusive relationship however she kept coming back On the night of the killing there was a party at their houseRust hit her and told her that she was going to get it when the guest lefthe said either you kill me or ill get youRust slapped her pushed her and hit her on her head twiceLavallee had a gun which she first fired through a screen she contemplating shooting herself however she Rust left the room she shot him at the back of his headShe was charged with murderpsychiatrist gave expert evidence at trial describing her state of mind and that she felt trapped and that she would have been killed if she did not kill himjury acquittedher at trial but this was overturned at the Court o Appeal who ordered a new trialLavallee appealed this order to the Supreme Court can expert evidence be used in a claim of self defense and if so to what
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