2008/02/11

Describe the motive for the crimes in a Time to kill and American crime stories

According to a time to kill’s case Tonya Hailey was raped by two white guys
After that those rapists were killed by Carl Lee Hailey who’s Tonya Hailey’s father.
There are many cruel situations such as threatening by Ku Klux Klan and they killed who wanted to help Carl Lee such as his lawyer, Jake Brigance and his company.
According to American crime story Death wish Mark planned an excellent murder.
He pretended to be Edward for blame him like commit suicide after that Mark killed
him so it seemed like Edward kill himself. And Death on Christmas Eve this story happened seemed like an accident but we do not know exactly its murder or accident.
Celia has a younger brother name Charlie then He wanted to get married to Jessie but
Celia did not want that after she knew about Marriage on Christmas Eve then Jessie fell down the top of the stairs then she died so Celia looked like a murder because she
Just one person who near Jessie but we do not know that she killed her or not.
The motives of a Time to kill First of all, Sex because those rapists wanted to rape Tonya because of Sex so they raped her even though she was just ten years old.
They looked like an insane person because ordinary people do not rape a girl especially, a young girl but she’s black people so they might want to rape black girl more then white girl because they hate them its one of motive. Secondly, Carl Lee killed two rapists because of revenge it is a simple motive for a crime but it still happens nowadays so he killed them because he could not sleep if he did not do that.
Third, Hate because The Ku Klux Klan wanted to threaten and killed who help Carl Lee and Jake because they hated black people so they did not want Carl was free.
And they did not mind who help Jake and Carl Lee even they are black or white.
The motive of American stories both of them because of jealous.
Mark planned a perfect crime because he wanted Edward’s wife to run away from Edward but His wife wanted to do the right thing so she wanted a divorce but Edward did not want that. He could be jealous as well because he might know about relationship between his wife and Mark so Mark killed Edward because of jealous another reason is revenge because his lover died so Mark wanted to take revenge.
The motive of Death on Christmas Eve is same as Death wish, Jealous Celia seemed like a murder but we do not know exactly. She did not want his brother get married to Jessie who fall down from the top of the stairs so she was jealous of him and she never had a husband or baby but she has just brother it’s the most important reason.
The another motive is insane because she looked like an insane person such as she was always mean, unkind, impolite and unfashionable like her mother so she might kill Jessie because she was insane.
In my opinion, I think revenge is an acceptable motive because sometimes the law can not prove people who do crime and send them to prison. And it always helps people who have a lot of money so they would not go to prison or get any punishment like a bribe so Revenge is the way someone can take it except thinking about the law. The other hands people can not take the law their own hands but if the law can not help or never help even its fair I think revenge it makes people happier than the law therefore, Revenge could be an acceptable motive if we do not think too much about
The punishment

2008/02/10

summary presume innocent

Rusty calls on Sandy Stern. He is a top defense attorney with whom he has often clashed in court. Stern acknowledges Rusty as his "toughest adversary" but agrees to take the case. When it comes to trial, however, it is revealed that the beer glass has gone missing. This was a crucial piece of the prosecution's case and Stern persuades Judge Larren Lyttle to keep this from the jury.In the course of his investigation, Rusty discovered that Carolyn had acquired a B-file from Raymond which dealt with a bribery case involving law-enforcement officials. It concerned a man called Leon who paid a bride to get his case of public indecency thrown out of court. His probation officer, who set the whole thing up, was Carolyn (prior to her joining the P.A’s office) and the deputy prosecutor in charge of the case was Tommy Molto.The main thrust of Stern's defence is that Molto and Della Guardia have set Rusty up due to their personal loathing for him or, Stern hints, as part of a cover-up of the bribery case since it involves Molto. But then Lip tracks Leon down and he reveals that the official who took the bribe was in fact Larren, the very judge handling Rusty's trial.In the trial, Tommy and Nico begin show to the court about the murder scene. They show the witnesses and gather of the physical evidence. There are Rusty’s fingerprints, the phone records (MUDs), the vaginal smear, the blood and fibers.
But Tommy and Nico can not show the glass to the court. Because its miss from scene.

For inquires the witnesses, the prosecution’s first witness, Detective Harold Greer is a cop. He told about what he saw on Carolyn’s apartment. Next witness, Mrs.Krapotnik is a neighbor of Carolyn. She told the court about she saw someone at night that Carolyn was killed. It isn’t sure someone is Rusty. Next witness is Eugenia. She is a secretary of Rusty. She told last September, in answering phone, she picked up the wrong line. She heard voices Rusty and Carolyn conversation. Nico want to show the court know Rusty and Carolyn have relationship more than a partner. Whereas Sandy cross-examination her. There are something wrong issues from her word. Thus Sandy knows Eugenia’s perjury.

Nico wants to destroy Rusty by he allege Lip, he help to hide the glass and MUDs. But it isn’t success because Nico don’t have a subpoena to require MUDs. Thus it was dismissed.

Sandy prepares plan a defense case. He wants to discredit Tommy about Rusty’s fingerprint on the glass. They have only fingerprint. They can not bring the glass show the court. It can’t result Rusty is murderer.

Sandy wants to discredit Dr.Kumagai. He told about the murderer was not sterile because Carolyn use diaphragm. It made sperm dead. Whereas Sandy said it have something wrong to the autopsy. Sandy show his autopsy note that she can not conceive, her fallopian tubes are legated and separated. Thus Dr.Kumagai may be made up all evidence.

However, the conflicting nature of some of the evidence, its mishandling, the disappearance of the beer glass and the fact that Rusty will not openly admit to his affair with Carolyn (thus denying the prosecution motive) means that the case against him is a weak evidence and in a fair ruling. Judge Larren dismisses the charges and Rusty is freedom.Pressed by Rusty, Stern later admits, in private, that both he and Raymnd knew that Lyttle was taking bribes and that Carolyn was his courier. Larren was going through a bad period due to his recent divorce. He offered his resignation but Raymond believed that he was in fact a brilliant judge and should be given another chance. Stern appears to have kept the bribery issue hanging over Larren's head during the trial. On the other hand, it has to be said that Larren handled the case is a rightful manner.Lip later reveals to Rusty that he has the beer glass, which he never returned to the evidence room due to bureaucratic mishandling on Molto's part: i.e. Molto signed it as "returned to evidence" when in fact it was still at the lab and, when it was returned to Lip, he had already been taken off the case. Since nobody asked for it back he simply kept it in the drawer of his desk. As far as the cop is concerned: "The lady was bad news." The beer glass is destroyed.Rusty is in the clear, though he does not appear to be too pleased about the ways by which this was achieved.Some time later, while doing some work in his garden, Rusty comes across a small hatchet with blood and hair fibers on it and realises that they are Carolyn. He then confronts his wife. Somewhat demented, addressing herself in the third person, Barbara confesses that, following his affair, she fell into a state of depression and even considered suicide, before deciding that it would be better to destroy the destroyer, i.e. Carolyn. She did so by buying beer glasses similar to some given to Carolyn as a house-warming gift. She got Rusty's fingerprints on them and, after killing Carolyn, set up other evidence in order to make it look like a man attacked and raped her. She claims that she did not actually intend to frame her husband; she assumed that he would soon realize it was her and would file it under unsolved cases.Rusty cannot bring himself to separate his son from his mother and proceeds with a cover-up.

Both the court system in Thailand and United State

I read these stories. I think that the both court system are an important to United State. I think it was builded, which control power court together.
Under the federal court system, the constitution invests the judicial power of the United State in the federal court system. The constitution creates the Supreme Court and gives congress the power to create the lower federal court. The structures of the federal courts are many different federal courts. It may be separate two main ideas: traditional and special courts. I think the traditional federal courts are a general jurisdiction, which means that judge have authority to decide case of many different types. There are 3 principal levels of federal courts: at first the district court, second the court of appeal and third the Supreme Court. And special courts are nation wide jurisdiction over certain type of case. There are 3 special courts: the U.S. court of federal claims, the U.S. court of international trade and the U.S. tax court.
Under the state court system, there are 50 state courts in the U.S. Each the state court operates freedom under the constitution and the law of state. The structure of the state courts, I think it likes that of the federal courts. It is a form of pyramid. It has 3 level systems with a trial court level (superior), an appellate court (court of appeals) and a court of last resort (Supreme Court) at the top.
Now, I think the court is an important for people. If they have a contentious case, they can complaint to the court.
For the United State, I think that the federal and state courts system that exist in the United State. The both systems can mix together for using trial case. It is a decision of the individual person involved if plaintiff wants to get them case handled in federal or state court. There are many courts.
1. U.S. supreme court. It is the highest appellate court on the federal level. It has consisted of 9 justices. Supreme Court have unlimited and rule to control between state and federal. It may be the court of first instance.
2. Federal court of appeal. There are 13 courts. It is big more state court. Any bodies can complaint to this court. It is a special in appeals of decision in cases involving patents, contract claims against the federal government, federal employment cases and international trade.
3. Federal district court. There are 94 courts. It is a big more than state court.
4. State court. There are 3 courts that consist: 1. local trial courts. 2. State appeals court. 3. Highest state court of appeals. It is first court. I can complaint to this court. If I was not like judgment, I will complaint to state appeal court. When I can’t like judgment of second court I can appeal to highest state court of appeals or federal court of appeals. Each state has court system which exist freedom from the federal court. It can control and consider cases inside the state only. A person’s other state can not complaint to the state court.
5. Court of claims. This court hears cases in which the U.S. Government is sued.
6. Court of military appeals. This court hears appeals of military court-martial. For example: when a person who is a military commits a crime they can be tried and punished by the military courts.
7. Court of international trade. The Court of International Trade hears cases involving appeals of rulings of U.S. Customs offices.
Whereas
For Thailand, I think that the Thai court system was adapted from former time. Now, there is change legal. It is modern same various international. The constitution is the supreme of the country that builds the power of judiciary. Each the court systems in Thailand had had different role and duty for adapt apply. There are many courts in Thailand such as the constitution court, the court of justice, the administrative court and the military court and anything else. I can separate the court, it consists 3 courts.
1. Court of first instance. The Courts of First Instance are categorized as general courts, juvenile and family courts and specialized courts. The general courts are ordinary courts which have authorities to try and adjudicate criminal and civil cases. Those courts are: Civil Courts, Criminal Courts, Provincial Courts and Kwaeng Courts. According, I have contentious case; I can choose the complaint to any court. I don’t satisfied judgment of judge. I can an appeal to the Court of appeal.
2. Court of appeal. The Courts of Appeal consist of the Court of Appeal and nine regional Courts of Appeal. The Court of Appeal handles an appeal against the judgment or order of the Civil Courts and the Criminal Courts. The Courts of Appeal handle an appeal against the judgment or order of the other Courts of First Instance. If I don’t satisfied judgment, I can an appeal to Supreme Court. It is last court. It can give fair for people.
3. Supreme Court. The Supreme Court is the final court of appeal in all civil and criminal cases in the Thailand.
The fact, I detail about both the Thai and American court system. There are similarities and difference between the two courts.
I think that similar both court in Thai and U.S. There is court of appeal that is appeal, when you don’t like judgment of first court. You can appeal to court of appeal. The Courts of Appeal handle an appeal against the judgment of the other Courts of First Instance. You don’t satisfied judgment; you can an appeal to Supreme Court. The Supreme Court is supreme in the court. The Supreme Court is the final court of appeal in cases in the United State and Thailand.
I think that difference both court. In Thailand uses civil law. Whereas in US uses common law. In Thailand don’t have juries whereas in U.S. have juries. All court in Thailand that uses witnesses. Whereas court of appeal in US. Courts of appeals do not use juries or witnesses. In Thailand have one system. Whereas in the U.S. have 2 system that mix together. It consist federal and state court system.