go over barnes case (last night’s hw) introduction/today’s legal question law is… ...
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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 2007TRANSCRIPT
Today’s Agenda (4/15/15): 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
Tonight’s HW “Weird Laws…” article analysis (due
tomorrow)
Last Night’s HW Assignment:
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
How The Case Ended Up… 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).
Today’s Introduction:
Describe what you see in the following film clip
Today’s Legal Question: 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?
LAW IS…
Two-Part Definition Rules and
regulations made and enforced by some kind of government
Laws are provided to regulate society’s conduct
Definition (cont’d) 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
Goals of a Legal System 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
Values of Society 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
Values (cont’d) 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)
How Did Our Legal System Develop?
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)
To Understand a Little Better... 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.
Dudley, Stephens, & Brooks Case(page 6 in Street Law textbook)
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!)