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Final Exam Review.docx

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HIST 3850
Patrick J Connor

HIST3850 Patrick Connor April 13, 2013 Final Exam Review Lecture 1 – Murder After 1945 • Before industrialization, rates are high th • Decline in 19 century because of reform movement, control • Increase in 1960s and declines in 1980s • Most homicide cases happen to people who know each other • Lack of data to measure homicide rates • Males are most likely to be the perpetrators and the victims o Biological – testosterone o Society responsible for homicide • Different types of killers o Lovers/spouses/family o Parents and children o Other family members o Other acquaintances o Strangers • Since 1945, decline in homicide rates but in United States rates have remained high in comthrison to rest of industrialized world • In early 20 century, both Canada and the United States are more violent than today; yet in Canada, trajectory is different Lecture 1 – Felony Murder Definition: unlawful killing committed while in commission of a felony Canadian Cases: R v. Perrault (1948) • Drove getaway car • 2 armed men entered bank, 2 policemen killed • Perrault drives away and testifies against men but still held culpable because he participated in commission of felony • Hanged along with other 2 o Made conscious choice o Bringing weapons means they anticipated violence o Free will o Could have convinced not to use weapons – intent o Participation made crime possible R v. Vaillancourt (1987) • 2 men in pool room • Vaillancourt asks partner for shotgun shells • Partner kills a man with another weapon V didn’t know about • V caught and given life sentence • Conviction appealed to SCC • Issue is burden of Crown – don’t believe they can prove intent • Only have to prove whether or not he was involved in commission of felony • He asked for the gun shells which does not show intent • Conviction overturned • Parliament overrides burden of crown to prove intent in felony murder United States Cases: Enmund v. Florida (1982) • Driving car • Armstrong’s go to Kersey farm and kill the couple • The wife killed Armstrong’s wife who was in back seat of car • Neighbor saw a car in front of the house speed away with woman in back • Sentenced to death as accomplice regardless of intent o 8 of 36 states that had death penalty made felony murder capital crime o 19 of these states included provisions that an accomplice must have intent proven o Not enough to show evidence of participation o In 28 states, juries rarely convicted accomplices • Cruel and unusual punishment – out of step with contemporary standards • Constitution protects rights and keeps government from acting arbitrarily • Conviction overturned Arizona v. Tison (1987) • 3 sons of Gary Tison help kidnap Lyons family from farm • They leave the family to father and Randy Greenwalt • Knowledge that father has killed before - Intent? • Conviction upheld - Tison and Greenwalt serving life • Concluded that the death penalty would be appropriate for a felony murder if it could be shown that the defendant was a major participant in the underlying felony and had acted with reckless indifference to human life. • Later, the death penalties of Ricky and Raymond Tison were reduced to life sentences because they were both under twenty at the time of the crimes • Greenwalt was executed in 1997. Lecture 2 – Killing in Self-Defense / SpousalAbuse Criminal Code of Canada (s.34) • Is you are assaulted and kill someone while occurs this is excusable killing for self-defense • Canada has this single code for self-defense – US has 50 (1 for each state) Brown. V. USA(1917) • Brown convicted of second degree • Was a soldier in the civil war which trial focuses on • Confrontation between Brown and Hermes who assaulted Brown on two other occasions with a knife • Brown brought gun to work and killed Hermes o Law says you have duty to retreat o No self-defense, failed to retreat he had the choice o Media influenced trial • USSC decided he was not bound to flee, state movements away from doctrine of fleeing and showed reality people lived their lives Battered Women/Wife Syndrome – defined as a battered women if cycle is repetitive 1. Name calling, physical abuse 2. Severe physical abuse 3. Offender apologizes R v. Whynot (1984) • Evidence of Bill Stafford abusing his wife Jane Stafford • She could leave because he said he would kill her and her family • Jane told her son to have gun loaded and killed husband • Acquitted • Problems – wouldn’t invite women to take law into own hands • Appeal to NS Court ofAppeals – judge had instructed the jury incorrectly o Said drunkenness was a complete defense rather than reducing murder to manslaughter • Jane convicted of manslaughter – served 2 of 6 months and released on bail • Committed suicide after release R v. Lavallee • Argument at party, Rust threatens Lynn • Throws loaded riddle on bed and says I will take care of you after, it’s going to be me or you • Kills him when he turns his back • Sets precedent of needing expert opinion • Manitoba CAOverturned verdict because docs evidence is inadmissible • Lavallee had not testified and jury unable to evaluate her state of mind for themselves • Not under pressure at time of shooting but this is result of BWS Lecture 3 – The Expansion of Civil Rights and Role of Lawyers in 60s Betts v. Brady (1942) • Right to counsel should be looked at from case by case basis • Only in capital cases (death penalty) to be given counsel • Decision appealed to USSC • Issue of poverty unclear • His appeal to counsel did not look good • He didn’t have a lawyer so many requirements were not done by Betts o Printed in pencil, 1 copy, 5 pages, should have been 40 printed copies • Time in jail gave him knowledge of law • Rule 53 – allows impoverished person to file just one copy of a petition and the Court makes “due allowance” for technical errors s long as there is substantial compliance • Case heard and he argued that a poor man was entitled to counsel • USSC argued that state responsibilities had been met • He did not have any special circumstances entitling him to counsel under 14 Am • Allegedly, he was without funds and state argued that if SC went in his favour, anyone who had been denied would have grounds for a successful appeal • Denied counsel to indigent defendants when prosecuted by a state by 6-3 decision Gideon v. Wainwright (1963) • Minor criminal who served time for 4 previous convictions • Someone broke into a pool hall in Florida at night and robbed o Broke jukebox o Stolen coins from each cigarette machine and wine stolen • Witness saw Gideon leaving with pockets bulging carrying wine • Charged with breaking and entering + petty larsony • Had no resources or lawyer and convicted and sentenced to 5 years o More to do with previous record than actual crime • Filed a writ habeas corpus because felt unfair • Claimed state had no right to convict and was violated under 14 Am • Element of due process – right to counsel o Asked if ready to proceed at beginning of trial and said no o Asked to be appointed a lawyer • USSC said everyone had a right to counsel in all criminal cases • Gideon appointed a civil lawyer • Legal team argued that nothing in theAlabama decision said only capital cases were entitled a lawyer, no reason that rules couldn’t be expanded again • Court ruled 9-0 in favour of Gideon • Appointed a new trial with lawyer and he was acquitted • Released 976 inmates - expensive • The US constitution does guarantee counsel • Brought up Powell v. Alabama where they were appointed lawyers Escobedo v. Illinois (1964) • Escobedo killed his brother-in-law for mistreating sister • Arrested without warrant and interrogated • Attorney denied to see client and after conviction, appealed b/c denied counsel • Declared that could not interrogate suspect who has not been formally charged • Ensured that lawyer present while suspect interrogated • Court made two important innovations: 1. Coercion and compulsion inherent in custodial surroundings 2. Lawyers must be provided to avoid inherent compulsion based on 5 th • Appealed and conviction overturned Arizona v. Miranda (1966) • Confessed to and convicted of rape • Threatened women and tied her up in backseat, drove to desert and raped her repeatedly, then drove back and left her when he found her • Women gave inconsistent stories, couldn’t provide details, failed lie detector • Brother found attackers car and found Miranda, identified by victim • He confessed and signed written confession • Officer said he read Miranda his rights but in testimony he didn’t read rights until after confession • Map v. Ohio determined any evidence invading confession illegally obtained must be excluded from trial • Math issue was how to define voluntary but Miranda wasn’t coerced • 5 Am guarantees that no person should be compelled to be a witness against himself in court • Case req. suspects to be read their rights when arrested, incl. right to counsel Lecture 4 – Gun Murder and Control History and Hunting • England and France banned trading but revised after 1956 and sold guns • Provided for due trade and also to aboriginals, mostly to HBC • Selling increase after 1669 when crown sent military forces to protect colony • War broke out in 1744 • Federal law req. any man to purchase a fun when reporting to militia 1792 • After rebellion of 1827 people suspicious - guns seized/prevented from purchase • As population of Canadian colonies grew, sense of fear for public safety • Towns began enacting restrictions banning guns being fired within city in 1830s • Guns on construction sites banned on site • Temporary regulations because colonists knew that had rights • Bill of Rights gave British constitutional right to own guns o Not for protection th militia but for property • This was added to the 14 Am o No one can be deprived of right or property without due process of law • Interest spurred in sport shooting and recreational hunting • Attractive to Canadian gov. because large scale funding = $ o For militia funding and setting up shooting clubs • Gun enthusiasts from US visited Canada to make the NRA(National Rifle Association) in 1971 • Class and gender issues - gun use considered an elite pass time o Shooting clubs for elites – memberships, “only gentlemen could join” • Appropriate Canadian sportsman – white, elite, British male • Canadians did not need to hunt their food, if they did, looked down upon • Hunting was a pass time for rich in 1870s and 80s – masculinity • Elite sportsmen developed rules or a “code of the hunt” o Only hunt in seasons o Only take male animals o Limit themselves to a rifle • Game hunter est. to make sure only appropriate people went hunting • Hunting permits introduced that poor could not afford Hand Guns • Handguns were cheap and aggressively marketed • Dangerous because they could be concealed • Gun regulations low in West and high in lower and regional areas • JohnAMac personally opposed • Claimed they were necessary for personal protection in 1869 • If law was to prohibit carrying concealed weapons, may seem vulnerable • Edward Blake introduced legislation specifically regarding pistol use o Told house of commons that firearms much too common o Rowdy and reckless boys and young men carry them o Strong concern but didn’t advocate banning o Crafted a law preserving use of revolvers to “respectable individuals”  Aboriginals not included or suitable to benefit from const. right • Legislation also created to put into the Bill of Rights • Significant – legislation permanent unlike others • First substantial effort to regulate pistols in 1877 • Act provided to anyone arrested on warrant or committing act faced a fine/few months in jail • Government aimed to reduce use of revolvers • This did nothing to prevent sale or keeping in house for defensive reasons • Accidents and suicides were common, children use concern • Guns were part of a retail revolution in 1890s and 1900s • Macdonald died in 1891, his party made new laws in 92 to ban guns for kids -16 • WWI brought about push for change • Can. Gov. backed off previous policy or promoting and looked at immigrants • Many immigrants from Eastern/ Southern Europe o Not considered to have necessary manliness to handle guns  Italians “hot blooded” and prone to violence o Same concerns in the West Coast • Foreigners did not respect hunting rules/conduct • Idea of banning immigrants not good because high number of Indian immigrants o British colony = British citizens • Legislation of 1934 – widespread public approval o Ownership of all handguns to be registered o Machine guns, shot-guns restricted o All guns must have serial number, crime to erase it o Stiffer sentences for crime of gun use • Massive registry formed as well as anti-crime initiative • 1960s brought fear of handguns • Self-defense organization ‘Black Panther Party’ o Argument that guns necessary to protect from gov. oppression o Did useful things but also robbed to pay for programs • Blacks experienced extreme discrimination and police brutality • Panthers made it acceptable to walk around with a loaded gun nd o When challenged, used 2 Am. – legal r
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