Monday, February 24, 2020

R.V. Martin (Anthony Edward (2001) ECWA Crim 2245; Q.B1 Case (Critic) Essay

R.V. Martin (Anthony Edward (2001) ECWA Crim 2245; Q.B1 Case (Critic) - Essay Example The jury could convict the defendant if self-defence evidence presented by the defendant raised doubts or the fact that Mr, Martin had used excessive force. The manslaughter charge that Mr. Martin faced would mean the defendant is believed to have used excessive force then the sentence would not be a life imprisonment. Then this would mean that the jury did not believe the defendants defence of having acted on self-defence. The facts that led to, the sentencing of Mr. Martin is knowledge that Mr. Martin used his firearm, yet he knew he was entitled to possessing it. The jury strongly believe that the although it is true that the two men who broke into Mr. Martins house intended to commit a burglary, Mr. martin was entitled to use reasonable force yet he used excessive force when he shot the 16 year old dead and left the other seriously injured. According to the jury Mr. Martin did not act reasonably in both of the cases. The judge in passing the sentence took into consideration the f rustration that Mr, Martin felt at the event of the Burglary as well as the medical report presented by his doctor. The court put into account the situation threat Mr. Martin faced, but it also pointed out that a dangerous weapon was not to be used in the manner that Mr. Martin used during the night of the Burglary. According to Almandras, she points out that the law states clearly that a householder may be liable in civil law or criminal law or in both if he is found to have used unwarranted force in opposition to a burglar or trespasser resulting to the death of the intruder or injury. Matters raised during Mr. Martin’s case suggest that any householder who kills or injuries a burglar will have a complete defence. The defendant is acquitted if he used was reasonable force and this must prove to be in defence of himself or another in the prevention of a crime (2011. p.1). The principal issue raised by conservatives is the measure of reasonable force, which they argue, should be proven, and the householders would not face prosecution unless their action is proven grossly disproportionate. However, democrats support the view that the current law was reliable and did not require a change. In the case, of Mr. Martin Almandras observes that the accused Mr. Martin had experienced several break ins. Mr. Martin had already expressed his dissatisfaction with the police response. On the night of the burglary, Mr. Martin shot onto the two burglars with an unlicensed gun. During his appeal, Mr. Martin presented fresh psychiatric evidence showing that, he was suffering from a long personal disorder. However, the court still ruled that the Mr. Martins state of mind was irrelevant to the purpose of self-defence. The psychiatric evide

Saturday, February 8, 2020

Criticize the Cosmological Argument against Atheism Essay

Criticize the Cosmological Argument against Atheism - Essay Example It is also true because science and common sense has confirmed that something cannot come into existence from nothing. The premise also states that the reason why no one has seen something come into existence from nothing is proof that there is a cause for things to come into being (Rutten 45). The first premise has an intuitive appeal. It states that whatever comes into existence has a cause. The cause is what creates something. This means that the universe was impelled by a natural inclination. This is true because nothing in this world has ever come into existence out of nothing. This rebuttal tries to prove that there is no existence of God and that everything happened from nothing. However, supporters of the first premise argument object this rebuttal. The main response to this rebuttal is through the argument that all things which have a beginning in their own existence do have a cause. This means that God was not created. Unlike the universe, God did not come into existence. He has always existed even before the world came into existence (Craig 56). The second premise explains that the world began to exist. This means that the existence of the universe has a beginning. This is supported by the fact that the universe keeps on expanding and growing. The universe has over the years continued to grow and expand from an enormously dense and extremely hot state (Craig 65). This suggests that the universe started from something and continues to grow. However, the premise can be considered to be false due to one main assumption. The assumption is that it’s easy to also take into consideration that the universe, just like the initial cause, has always been in existence and continues to exist. This assumption also puts into consideration that the universe goes through an everlasting cycle of contraction and expansion. A