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Published byLeslie Clarke Modified over 9 years ago
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Go over Barnes Case (last night’s HW) Introduction/Today’s Legal Question Law Is… “Values” of our Legal System Group Case Study: Dudley, Stephens, and Brooks
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“Weird Laws…” article analysis (due tomorrow)
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The Case of William Barnes and the death of Ofc. Walter Barclay (PPD) Ofc. Walter Barclay, shortly before his shooting in 1966 William Barnes after his arrest in 2007
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Barnes WAS charged with the murder of Ofc. Barclay by Philadelphia D.A. Seth Williams in 2007. He was acquitted (found not guilty) by a jury for the murder of Ofc. Barclay in 2010 However, he was found in violation of his parole and still had to serve 3 years in prison for that charge Barnes was freed by a federal judge in May 2012 (with one year left on his sentence).
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Describe what you see in the following film clip
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A man shoots and kills two individuals that have been charged (but NOT convicted) of brutally raping and beating his daughter within an inch of her life. He planned out the murder ahead of time and completed his task. The law states that anyone who plans out and kills another human being in an intentional manner is guilty of murder in the first degree. 1) If you were this man’s attorney, how would you “defend” his actions? Was he “morally right” in what he did but at the same time “legally wrong”? Is this a viable defense? 2) If you were on the jury, would you judge this man “guilty” or “not guilty” for his actions?
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Rules and regulations made and enforced by some kind of government Laws are provided to regulate society’s conduct
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Present-day governments cannot function if laws are not enforced or respected 1. this is known as the “rule of law” (ALL society members must follow laws) 2. No one should be above the law One of the reasons why the legal system is symbolized by a balanced scale is because in theory everyone is seen as “equal” before the law
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Protect the rights of citizens (freedoms they enjoy) Promote equality in society Resolve conflicts between citizens when they cannot be resolved themselves Promote order and stability in society
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Laws are created to reflect the values of a society (what a society feels is important) 1. moral – laws that deal with “right and wrong conduct 2. economic – laws that deal with money
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3. Political – laws that deal with the relationship between government and individual 4. Social – laws that society deems to be “important at the moment” (i.e. smoking bans)
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We are based on a republican system of government 1. created by the Romans 2. citizens vote for representatives in government who in turn pass laws on behalf of their constituents The Roman Senate represented both classes in Roman society: upper (patrician) and common (plebian)
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Please go over to the side table and pick up a Street Law textbook. Open up to page 7. We will read over the explanations of moral, economic, political, and social values as a class.
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Your Questions: 1. According to the laws of the country where they were rescued (“anyone who DELIBERATELY takes the life of another has committed murder”), should Dudley & Stephens be tried for murder? 2. As an attorney for Dudley & Stephens, what arguments would you make on their behalf? As an attorney for the State, what arguments would you make to convict them? 3. In your opinion, was it morally wrong for Dudley and Stephens to kill Brooks? (remember: moral-value laws are created to “protect life” but also keep in mind that 3 lives were at stake here!)
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