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If the second jury returned a different verdict, that verdict was imposed and the first jury was imprisoned or fined. For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. This view was not shared by the jury, which, after three days' hearing, acquitted Lilburne—who had defended himself as skilfully as any lawyer could have done—to the great horror of the Judges and the chagrin of the majority of the Council of State. Open Enrollment is October 24 - November 7. The closest a jury came to this was in 1917, when a jury acquitted two teenage boys of arson. With certain exceptions, any person could prefer a bill of indictment against another before the grand jury without any previous inquiry into the truth of the accusation before a magistrate. This right was at one time universal and was often abused. Grand Juries met in Sydney, Parramatta, Windsor and other places. In 1842 it was recorded[49] that it served a district of 50,000 inhabitants and in one quarterly session there were six presentments (1 homicide, 2 assaults, 1 robbery, 1 theft, 1 fraud). They provided a somewhat efficient means of dispute resolution with the benefit of supplying legitimacy. Our goal is to support UofL's mission of being a great place to learn, work and invest. Justice Fitzpatrick, returning from circuit in the northern and western parts of Cape Colony, gave a charge to the grand jury at the Criminal Sessions at Cape Town, in which, after congratulating them upon the lightness of the calendar, he observed there were indications in the country of a growing mutual bad feeling between the races, etc. The horrors make the fascination. In the United States, some view the requirement that jurors take an oath to be unlawful in itself, while still others view the oath's reference to "deliverance" to require nullification of unjust law: "will well and truly try and a true deliverance make between the United States and the defendant at the bar, and a true verdict render according to the evidence, so help [me] God". Supreme Court [62] that U.S. The first instance of a grand jury can be traced back to the Assize of Clarendon in 1166, an Act of Henry II of England.[10] Henry's chief impact on the development of the English monarchy was to increase the jurisdiction of the royal courts at the expense of the feudal courts. If an indictment was found in the absence of the accused, and he/she was not in custody and had not been bound over to appear at assizes or sessions, then process was issued to bring that person into court, as it is contrary to the English law to "try" an indictment in the absence of the accused. By the late 17th century, the court's power to punish juries was removed in Bushel's Case[25] involving a juror on the case against William Penn. Manning, that a jury may be encouraged to ignore a law it does not like, could lead to gross inequities.

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Repeated attempts at prosecuting Morgentaler resulted in acquittals at jury trials in the 1970s and 1980s. Further Acts of Parliament in the 19th century regarding treason did not specify this special procedure and the Grand Jury was used no longer. Discuss fully and please list your references in Bluebook format. Home Office officials wrote to the judge, persuasive essay military service advising him that his actions "would be impossible for the Home Secretary to defend as constitutional or right", and after several days the jurors were relieved of their duties. The institution of British civil government in 1749 at Nova Scotia brought the judicature system peculiar to that form, and the grand jury was inherent to it. If they find the accusation true, which is usually drawn up in form by the prosecutor or an officer of the court, they write upon the indictment the words "a true bill" which is signed by the foreman of the grand jury and presented to the court publicly in the presence of all the jurors. It can also make presentments on crime and maladministration in its area. United States v. Green, 556 F.2d 71 (D.C. A pattern of jury nullification may indicate public opposition to an unwanted legislative enactment. All these beliefs of mine put me firmly into the anti-military party. Délits went to the tribunal de police correctionnelle of the arrondissement, while for crimes the directeur de jury convoked the jury d'accusation of the arrondissement, in order to get an indictment. Those wars were purely piratical.

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In point of fact, the second law passed in Upper Canada relates to (petit) jury trial. The Philosophie des Krieges, by S. The United States and Liberia are the only countries that retain grand juries,[2][3] though other common law jurisdictions formerly employed them, and most others now employ some other form of preliminary hearing. Moylan, 417 F.2d 1002 (4th Cir.1969), the Court affirmed the concept of jury nullification, but upheld the power of a court to refuse to permit an instruction to the jury to this effect.[42] In 1972, in United States v. He and Cardinal Hugo de Sancto Caro developed schemas for division of the Bible into chapters and it is the system of Archbishop Langton which prevailed.[13][14][15] He was a Bible scholar, and the concept of the Grand Jury may possibly derive from Deuteronomy 25:1: "If there be a controversy between men, and they come unto judgment, that the judges may judge them; then they shall justify the righteous, and condemn the wicked." (King James Version) Thus the Grand Jury has been described as the "Shield and the Sword" of the People: as a "Shield for the People" from abusive indictments of the government- or malicious indictments of individuals- and as the "Sword of the People" to cut away crime by any private individual; or to cut away crime by any public servant, whether in the Judicial, Executive, or Legislative branches. Grand Jury proceedings were held in the territory from 1963 - 1972.[61] By an ordinance of the civil administration of the Ryukyu Islands promulgated in 1963, grand jury indictment and petit jury trial were assured for criminal defendants in the civil administration courts.[61] This ordinance reflected the concern of the U.S. Chapman, then move the point, and your opponent will follow. The grand jury's functions were gradually made redundant by the development of committal proceedings in magistrates' courts from 1848 onward when the (three) Jervis Acts,[18] such as the Justices Protection Act 1848, codified and greatly expanded the functions of magistrates in pre-trial proceedings; these proceedings developed into almost a repeat of the trial itself. In the United States, jury nullification first appeared just before the American Revolutionary War, when colonial juries frequently exercised their nullification power, principally in maritime cases and cases implicating free speech. These instructions are criticized by advocates of jury nullification. The witnesses whose names were endorsed on each bill were sworn as they came to be examined, in the grand jury room, the oath being administered by the foreman, who wrote his initials against the name of the witness on the back of the bill. Eventually, conservative elements in the colony were successful in having these innovations suppressed by the Australian Courts Act 1828 (UK). So the jury who usurp the judicature of law, though they happen to be right, are themselves wrong, because they are right by chance only, and have not taken the constitutional way of deciding the question.

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Jury nullification is the source of much debate. The grand jury was established for Cape Town alone.[48] It met quarterly. Jury nullification was practiced in the 1850s to protest the federal Fugitive Slave Act, which was part of the Compromise of 1850. Governor Kennedy (1852–1854) was concerned that jurors were frustrating government policy by being biased in certain cases; in particular he felt that Liberated Africans on the Grand Jury would never convict another Liberated African on charges of owning or importing slaves.[68] He promulgated the Ordinance of 29 Nov 1853 which abolished the grand jury.[69] Opposition was immediately mounted in Freetown. The traditional number of the grand jury is 23. Fie upon such a cattleyard of a planet!

Three CAC Professors Secure Competitive Lecturer Positions

CAC celebrates having three of their current lecturers win competitive lecturer contracts.

Dr. Jennifer Myers — Film Studies (AMC)

Myers was originally hired at UWT in the Winter of 2013. She has taught courses in Media Genres, Great Directors and Introduction to Film Studies during her time at UWT and has created a course on campus called “World Film” (T FILM 387, 388) which examines major cinematic movements, trends and individual works between 1927 and 2000.

In Spring 2015, Myers was hired as a Full Time Lecturer after a competitive interview process. She will continue her job teaching and in service of the university.

In her free time she escapes to the great outdoors, skiing, fly fishing and hiking. She is a frequent flier to Oregon where she spends time with her family. Her mother suffers from acute Rheumatoid Arthritis and her niece is severely Autistic, so Myers spends as much time as she can caring for and loving them.

Carbon Challenge Tests Student Resolve

In case you missed the possible grumblings of the many carnivores of UWT transitioning to vegetarian or vegan diets this past Fall quarter, many staff, students, and faculty have since completed the Carbon Challenge, a grant receiving project as a part of UW’s Green Seed Fund.

Students, staff, faculty and even the president of the University of Washington Ana Mari Cauce herself pledged to make a change after receiving the challenge.

Since Autumn of 2014, Dr. Ellen Moore (Communication) has challenged the students in her Contemporary Environmental Issues in Media course to lose 5,000 pounds...of carbon. Moore was inspired after participating in a variant of the challenge in 2014 in competition with her fellow commissioners of the Sustainable Tacoma Commission –– “Tacoma’s Biggest Loser” –– in which she “lost” the most carbon and was crowned the winner.

CAC Students Speak Up, Saying, “No,” to Methanol Plant

A $3.4 million proposed methanol plant at the Port of Tacoma has sparked outrage and controversy in the local community.

Northwest Innovation Works (NWIW) proposed the construction of the plant, and if passed, construction will start as soon as 2017 and begin operating in 2020. Community members are concerned about the negative health and environmental factors that come along with building, and operating the plant.

Brendan Resnikoff, a senior in American Studies, believes that this poses a great risk to Tacoma and it should be evaluated based on the risk to human health, rather than the economic impact.

Tacoma community members have persistently attended hearings, and voiced their opposition to the plant.

Matt Kish: Moby-Dick in Pictures

In March, the CAC welcomed self-made artist Matt Kish to campus.

Kish talked with students and faculty about his book, Moby-Dick in Pictures: One Drawing for Every Page. What started for Kish as simple desire for a fresh, creative outlet quickly gained a following.

Kish currently works as a librarian, but never attend art school. He has always had a strong interest in art and has been published in several collaborative illustration projects. However, feeling a lack of creativity in his life, he decided embark on a new endeavor. His mission: create one picture for every page of a book that had inspired him throughout his life—Moby-Dick.

Dia de los Muertos with UWT & TAM

Every November the Tacoma Art Museum holds a Day of the Dead or Dia de los Muertos free community festival and for the fifth year in a row UWT’s Hispanic studies professors and students joined in.                      

The Day of the Dead is a time of year when the two worlds–the world of the living and the world of the dead are close enough where spirits can come back to this world and have some type of communion with them. 

“It’s important to note that not everyone believes and celebrates it the same way, but the idea is to remember family members that have died,” said Hispanic Studies professor Augustus Machine. 

This year’s 11th annual festival included “a Calavera costume contest, traditional foods, and outdoor memorials.” Community members can also set up altars remembering their lost family members, or celebrate the holiday with a themed altar. 

Arts Alive at UWT

CAC hosted several events at UWT recently that united students and invigorated the campus community.

 Bread and Puppet Theater

Last October, the Bread and Puppet Theater paid a visit to UWT. The theater is well known for performing shows that exhibit social relevant storytelling through puppetry, street and community theater, and song. The politically radical theater is based in Glover, Vermont, but tours all over the world.

CAC faculty members Beverly Naidus (Arts, Media, Culture) and Michael Kula (Writing Studies) helped organize and facilitate the visit to campus, where the group performed their Vietnam War era protest piece: Fire.

Art Students Featured at Museum of Glass

This past March, a group of students came together to build a sculpture overlooking the Thea Foss Waterway. The project, inspired by the book The Boys in the Boat, was installed at the Museum of Glass as part of the Pierce County Library’s Pierce County READS program.

The art piece, created as part of T ARTS 367 Objects and Art taught by AMC Senior Lecturer Tyler Budge, is a tribute not only to the book, but to the “boys” who hailed from University of Washington and went on to win the gold medal at the 1936 Olympics in the rowing competition against Nazi Germany.

Budge was contacted by the UW Library and asked if he would like to be a part of the presentation. He said if his class could be a part of it, then he would most definitely be willing to create a piece to commemorate the book and the story behind it. Once the decision was made, Budge tossed his syllabus aside and his class and he began the process of creating their masterpiece.

La Fountain Addresses The Drag of Poverty

In April, nationally recognized scholar Larry La Fountain presented to faculty, staff, students and Tacoma community members his work entitled “The Drag of Poverty: Erika Lopez, Holly Woodlawn, Monica Beverly Hillz, Welfare Queens.”

La Fountain, a scholar, writer, and performer, born in San Juan, Puerto Rico, and now teaching at the University of Michigan, focused on the issue of being a drag queen and the effects it could have on other social issues such as race, class, sexuality and gender. His visit to UWT was made possible through efforts of American Studies and AMC assistant professor Ed Chamberlain.

Much of La Fountain’s presentation focused on Holly Woodlawn in Andy Warhol’s film “Trash,” Monica Beverly Hillz commonly known from the reality television show RuPaul’s “Drag Race,” and Erika Lopez’s, “The Welfare Queen.”

Pulitzer Prize Winner Speaks at UWT

In April, Pulitzer Prize winner for feature writing and author of Enrique’s Journey, Sonia Nazario, spent a day at UWT, interacting with students and faculty and giving a lecture, all as part of the acclaimed UW Walker-Ames Lecture Series.

Enrique’s Journey is the story of one Honduran boy looking for his mother, after she left her starving family to find work in the United States.

“Braving unimaginable peril, often clinging to the sides and tops of freight trains, Enrique travels through hostile worlds full of thugs, bandits, and corrupt cops. But he pushes forward, relying on his wit, courage, hope, and the kindness of strangers,” according to enriquesjourney.com.

She echoed her discussion from her book of her three-month journey made on top of trains across South America to chronicle the story of Enrique, and how her experiences changed her view of unaccompanied, undocumented child migrants.

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