Tuesday, July 23, 2019

Identify a CRITICAL ISSUE from the reading to write about and present Essay

Identify a CRITICAL ISSUE from the reading to write about and present arguments for and against it then take a position and logi - Essay Example Walker to aid women by testifying on the effect of the syndrome. However, the arguments by Dr. Walker are yet to gain broad and dependable scientific backing. All the alternative studies on the subject indicate otherwise. Therefore, the issue of battered child and women syndrome can only be accepted as an existing issue but not for the purposes it has been used. The issue can be addressed in a better way by enhancing the law to deal with such issues amicably, because the current situation discourages one vice and encourages another. Two wrongs can never make a right. Introduction Children and women alike have been involved in killing in the United States but justice rendered in the courts is debatable, especially to the victims’ side. Children have been convicted and found guilty of killing their parents but the courts both in first trial courts and appellate courts have considered four possible judgments: first and second-degree murder, manslaughter and acquittal on the self- defense rule. Generally, lighter sentences and even acquittal on account of self-defense dominate the judgments in all cases. In most cases, first-degree murder sentences have been reversed and lesser punitive sentences given to the defendants (Wilson, 2000). The lawyers from both sides of the divide have been making their cases in all the cases mentioned. In any case, justice is expected to be delivered to both sides. However, in all these cases, the victim is not alive to state their case whereas the perpetrators of the crimes are there to state their case. This implies that it is the prosecution case against the defense case. It can be concluded from the outcomes in most of the cases that the defense has been carrying the day in either getting lesser sentence or being acquitted altogether. Whether the decisions were based on truth or partial truth is speculative. However, does the reason of battered child or woman syndrome justify committing murder? (Malmquist, 2007) Although mur der is a subject of definition in law as it may have been applied in this case, this paper uses to refer to mere killing of one human being by the other. The arguments are both supportive of the verdicts and against the verdicts in the cases. The conclusion section gives a verdict of this paper. Pros In the first case, the Menendez boys killed their parents, and after it was found that although they were guilty of the action, they were subject of child abuse (psychosexual abuse) there was a mistrial in first trial because the jury tied two versus two on whether rule murder or manslaughter. Even though they were eventually judged for murder and given a life sentence, there was a reason why there was a mistrial. Their relationship with their parents was questionable, to the extent that they feared for their lives every minute that passed. In the second case, Jahnke was found guilty of murdering the father. However, because it was after a violent argument, the jury termed it voluntary manslaughter and not predetermined murder. Although his appeal on grounds of battered child was rejected the judgment had already factored in this aspect. In the third case, the jury found Sociz guilty of attempted manslaughter and later the boy was acquitted for what the judges termed as sympathy for child’

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