University of Belgrade, Faculty of Law
THE WRONG IS WRONG, THE RIGHT IS RIGHT
CAPITAL PUNISHMENT FROM ASPECT OF COURT CASE (McMillan vs State)
Dunja Ristović 19/29
Kristijan Nikolić 19/46
Belgrade, 2021.
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Famous cases in US legal history - McMillan versus Alabama state, Essays (university) of Legal English
One of the famoust US legal histoy. This article present Walter McMillan , before never felony convicted who is convicted for murder while robbing local market. This article present story about him and his impact on legal system.
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2020/2021
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University of Belgrade, Faculty of Law
THE WRONG IS WRONG, THE RIGHT IS RIGHT
CAPITAL PUNISHMENT FROM ASPECT OF COURT CASE (McMillan vs State)
Dunja Ristović 19/
Kristijan Nikolić 19/
Belgrade, 2021.
This assignment will focus on fewissues of capital punishment, from alegal standpoint. Specific focus will be given to one of the famous cases in US legal history, named as “McMillan vs. State”. Also we will try to present why capital punishment, as a way of criminal sanction should not be used, specifically because of possible frauds made by executive authority. At least we will try to argue that death penalty can implement many other problems in society such as racism, discrimination, rule of ( un )law…
First legal implication is that no death penalty should be in use – because of possible frauds made by authorities. Famous case in US legal history (McMillan vs Alabama State) is possibly the best example. This case presents Walter McMillan, never before convicted of a felony, other than a misdemeanor charge stemming from a barroom fight, who is convicted for murder while robbing a local market. The whole conviction was based on testimony of Ralph Myers, later convicted to perjury because of false testimony. Myers’ false testimony was extorted by newly selected sheriff, Tom Tate who was under the pressure to find a perpetrator of killing a young white woman, Ronda Morrison. Conspiracy made by some law enforcement officers and the judge in first degree almost resulted in legitimate killing of an innocent black man. Luckily, Bryan Stevenson, a young lawyer from Harvard used all his skills and gave a second chance for justice to be satisfied. This first degree conviction was later quashed by Criminal court of Appeals, Alabama state.
The Second interesting legal point lies on the first – death penalty grants permission to kill people legitimately. This way of defining death penalty speaks for itself. It seems like the role of a judicial system is on one hand small which is not in alignment with the perception of law as fundamental value in today’s world. In upper noted case, after Stevenson proves Myers’ perjury, McMillan’s attorney said to Stevenson that “He will do anything for liberation of McMillan”, this implements that even state attorney was deceived. But on the other side of this case judge in first degree Robert E. Lee Key used an institute of judicial override to override jury’s suggestion to life imprisonment and sentenced McMillan to death penalty.
It is a fact that capital punishment by itself does not represent the best example of sanction among available sanctions, primarily because of its Irreversibility. This means that when we implement it once, we cannot change its effects later. Statistics show that since 1973 more than 8,700 people have been sentenced to death in the United States, of which as many as 182 were proven innocent, and the number of really innocent people is probably even higher.
In this specific case we can see yet another element which is of crucial importance to the inequitable indictment and the accused. The United States of America is the country famous for the diversity of its inhabitants. There are many different religions, races, skin colours, nationalities etc. However, the element that is here in question and requires special attention is the antipathy among white people and the so called afro Americans – a term used for black skinned people who are the descendants of African slaves brought to the northern America during 17 and 19 century. The problem is in their relationship. That discriminating motif has existed and will continue to exist until a key solution to egalitarianism is found, and it certainly isn’t the capital punishment.
Capital punishment dates from centuries ago and is the oldest institution of criminal law and the instrument for law and order enforcement. However, it participates in only some legal systems. Unlike others, our criminal law doesn’t recognize this kind of punishment but has life imprisonment as the worst penalty which has recently been established. In accordance to the international law this