go over barnes case (last night’s hw) introduction/today’s legal question law is… ...

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!)