Supreme court uphold justice nobles judicial rationale

Reference no: EM13328562

At the first trial Justice Noble attempted to clarify the difference between mercy killing and premeditated murder, granting Latimer a constitutional exemption from the minimum sentence of 25 years with no chance of parole for 10 years. He explained that, for Latimer, imposing the minimum sentence would constitute cruel and unusual punishment. The law, he said, recognizes that the moral culpability or the moral blameworthiness of murder can vary from one convicted offender to another. In his opinion, the murder pf Tray Latimer was a rare act of homicide that was committed for caring, altruistic reasons. That is why, for lack of a better term, this is called compassionate homicide.

To what extent did the supreme Court uphold Justice Nobles judicial rationale? support your answer.

Was the trial judge justified in departing from mandatory sentencing provisions? Should the motive of compassion be taken into account in sentencing someone convicted of murder?

Reference no: EM13328562

Questions Cloud

Determine what is the yield to call of the bond for sale : A 6.75% coupon bond with 13 years left to maturity can be called in 2 years. The call premium is one year of coupon payments. It is offered for sale at $919.75. What is the yield to call of the bond

Determine how much debt was outstanding per share : Stewart Inc.'s latest EPS was $3.50, its book value per share was $22.75, it had 215,000 shares outstanding, and its debt ratio was 46%. How much debt was outstanding

Should project be accepted based on the discounting approach : Blue Water Systems is analyzing a project with the following cash flows. Should this project be accepted based on the discounting approach to the modified internal rate of return if the discount rate is 14 percent

What rate of return must earn in order to have the amount : Mr. Fish wants to build a house in 8 years. He estimates that the total cost will be $150,000. If he can put aside $10,000 at the end of each year, what rate of return must he earn in order to have the amount needed

Supreme court uphold justice nobles judicial rationale : At the first trial Justice Noble attempted to clarify the difference between mercy killing and premeditated murder, granting Latimer a constitutional exemption from the minimum sentence of 25 years with no chance of parole for 10 years. He explained ..

Criminal law incorporates the moral principle : The defence of necessity in the criminal law incorporates the moral principle that every individual who is not morally culpable for the of offence should not be punished.

Labor-intensive bargaining and pattern bargaining : O.S.R. Manufacturing Inc. is a manufacturer, distributor, and installer of kitchen cabinets. Its manufacturing plant and installation crews are unionized by the Carpenters' Union, and the distribution employees are unionized by the Teamsters.

Departing from mandatory sentencing provisions : Was the trial justified in departing from mandatory sentencing provisions? Should the motive of compassion be taken into account in sentencing someone convicted of murder?

Difference between first degree and second degree murder : What is the difference between first degree and second degree murder? Did the jury appropriately in reducing the charge to second degree murder?

User Account

All Pages