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12 Angry Men Assignment

If this trial took place in Canada it would be called Regina v Hernandez as it is a criminal trial. The level of court would be the BC Supreme Court. As Ricky was 17 at the time, he would be considered a youth under Canadian law. The prosecution would have to prove guilt beyond reasonable doubt. The sentence for murder in Canada would be imprisonment since there is no death penalty. Evidence from outside the trial like a switchblade could not be considered. Possible defenses include lack of evidence the switchblade was the murder weapon and that an argument is not enough to prove motive. Lawyers in BC typically charge hourly, by task, or contingency fees other than legal aid. There is reasonable doubt about

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Amogh Rao
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427 views2 pages

12 Angry Men Assignment

If this trial took place in Canada it would be called Regina v Hernandez as it is a criminal trial. The level of court would be the BC Supreme Court. As Ricky was 17 at the time, he would be considered a youth under Canadian law. The prosecution would have to prove guilt beyond reasonable doubt. The sentence for murder in Canada would be imprisonment since there is no death penalty. Evidence from outside the trial like a switchblade could not be considered. Possible defenses include lack of evidence the switchblade was the murder weapon and that an argument is not enough to prove motive. Lawyers in BC typically charge hourly, by task, or contingency fees other than legal aid. There is reasonable doubt about

Uploaded by

Amogh Rao
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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12 Angry Men Assignment - Amogh Rao (SN 16628240)

1. If this criminal trial were to take place in Canada, what would the style of cause be?

Regina v Hernandez

2. If instead it was a civil trial for assault In Canada, what would the style of cause by?

Hernandez v Hernandez

3. What level of court would this trial be heard at in British Columbia?

BC Supreme Court

4. Is it of any significance that Ricky was 17 when he is alleged to have committed the crime, (supposing that
the incident occurred in Canada).

Yes, because if he is in fact 17, he cannot be tried as an adult and will instead be considered a youth,
causing the Youth Criminal Justice Act to apply

5. What would be the burden of proof on the Crown in this case, if in Canada?

The prosecution (the Crown) would have to prove, beyond reasonable doubt, that Hernandez is guilty.
The burden of proof lies with the Crown.

6. What is the difference in the sentence for murder in Canada, in 2019, from the case at hand?

The sentence for murder would be imprisonment, since there is no death penalty in Canada for any
criminal offence as of 1998.

7. In this case, juror #8 produces a switchblade he has purchased. Would this be allowed in a real trial in
Canada?

No, since evidence from outside the trial cannot be considered.

8. If you were trying to defend Ricky, what arguments would you make? Suggest 2 defenses, that is, reasons
why Ricky did not commit the murder based on the facts, that you might raise based on the evidence
given. Or reasons why the evidence does not collaborate the murder as proposed.

Argument 1 – There is no evidence to suggest that the switchblade used to murder the father is the same
switchblade owned by Ricky. Switchblades can be bought conveniently and there are no witnesses to
prove that Ricky had the murder weapon in his possession prior to the murder (ie the same design and
blade type).
Argument 2 – An argument with between a father and son where the son threatens to kill the father in
the heat of the argument is not enough evidence to establish motive.

9. In the trial at hand, Ricky has a free public defender. In British Columbia, what are the three main ways
that lawyers typically charge for their services, other than the use of our Legal Aid system.

- Hourly
- By Task
- By Contingency Fees

10. Comment on whether you think Ricky is innocent or guilty! Or any other thoughts you had in watching
this portion of the case.

I believe Ricky may have murdered his father, but he is not guilty since that verdict requires proof beyond
reasonable doubt. There is clearly plenty of reasonable and probable doubt. Investigating other suspects
could possibly build a stronger case either for or against Ricky.

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