If one was asked to think of one phrase to describe the Milgaard case the only phrase which would be suitable and appropriate would be the old saying ?at the wrong place, at the wrong time?. Mr. Milgaard?s whole case revolves around those words.
His trial is one full of corruption, misleading and dishonesty by the people and system that we trust in daily. It is an example of a misidentify and the incapability of the justice system to provide the Mr. Milgaard with a fair and equal trial since the beginning of this On January 30, 1969, a 16 year old David Milgaard decided to take a road trip accompanied by his friends Ron Wilson and Nicholl John. Their trip would take them from Regina to other destinations in the west part of Canada. It was also decided that they would stop in Saskatoon to visit Milgaard?s friend Albert Cadrain. In the early hours of January 31 the trio arrived at Saskatoon looking for the Cadrain house. None knew the city well and although Milgaard had visited his friend before he could only remember certain vantage points. Around 7:00 am, they arrived at a motel where they asked the manager for directions to Albert?s house. However, shortly after, they became stuck in an alley way and took shelter in Mr. Walter Danchuk?s house, the owner of the car that they had been stuck behind. They arrived at Albert?s house around 9:00 am and then spend the rest of the day waiting for their car to be fixed. After their car had been fixed they set out once again in their trip. On the same day, roughly at 8:30 am the stabbed and sexually assaulted body of nursing assistant Gail Miller was found a block from Albert?s house in an alley way. When the group returned to Regina, Albert was arrested for vagrancy. He was questioned by the police and initially denied any connection by him or the others to the Saskatoon murder. However, once he returned to his home town he commented to his brother that he had noticed blood on David Milgaard?s pants. His brother apparently advice the police of this and the police adapted Milgaard as a suspect.
The Essay on Response To The Dolls House
Response to The Doll's House Henrik Ibsens play Dolls House is commonly referred to as one of the finest examples of feminist literature of 19th century. The theme of womens liberation is clearly present in it, although we cannot find an irrational aggressiveness in it, which we usually associate with feminism. Partially, this is due to the fact that play was written by a man, who did not have an ...
As the investigation proceeded the police gathered evidence which pointed David as the prime suspect. David who held his innocence, provided the authorities with any thing requested, including bodily samples. However, it was no use since he was charged with the non-capital murder of Gail Miller. Exactly a year later after his initial road trip David Milgaard was convicted and sentenced to twenty-five years in jail.
Shortly after the conviction, the Milgaard family appealed to the Saskatchewan Court of Appeal and the Supreme Court of Canada. However both courts dismissed the case. Since then David?s mother, Ms. Milgaard has fought for her son?s innocence. She joined with Herch Wolch, Q.C., and David Asper of a law firm to help her save her son. One of the lawyers, Mr. Asper reviewed the trial transcripts and the preliminary enquiry to the exhibits. He then concluded that the evidence provided not the guiltiness of Milgaard but quite the opposite, it proved that he was innocent.
After reading an article on DNA on genetic finger printing, Mr. Aspen informed Ms. Milgaard on it. Ms. Milgaard then went to Dr. James Ferris a forensic pathologist. He was granted with many of the exhibits present in the trial, but due to the age and size of the sample the results were inconclusive. However, in a report dated September 13,1988, Dr. Ferris stated that the evidence, since inconclusive could not link David Milgaard with the murder and could be considered ?to exclude him from being the perpetrator of the murder.? Beside this Mr. Aspen had also been working in getting other evidence to prove the innocence of David.
On December 28,1988 an application was present to the Minister of Justice who that time was Joe Clark. He was a follower of the Section 617 of the Criminal Code of Canada. This section states that the Minister can order a new trial or hearing as well as appeal to the Courts of Appeal and ask the Court of Appeal for their opinion or ask a question. After the application was submitted new fragments of evidence were provided which proved and supported David Milgaard?s innocence. However, besides all these new facts provided it was not until Ms. Milgaard attended the Opera show that the Canadian government paid close attention to the case. In 1994 Prime minister Jean Cretien ordered a retrial and it was during this trial that the true colors of the Saskatoon It is hard to believe that it took 22 years for the courts to accept that Mr. Milgaard was not guilty. One needs to just look at the evidence and one can see that there was no possible form that he could have committed the crime. If you commence at the beginning from where it all started you can recognize all the missing pieces of the puzzle. In fact by using the own Crown?s evidence against Milgaard one can prove that In the trial Milgaard?s friends had testified against him.
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During persuasive writing pieces authors try to make you see their point of view as valid. Often times during this process, their writing is compromised by the errors they make to prove their point. David Thomas makes many errors in his essay “The Mind of a Man.” In his thesis he tries to prove that women are not smarter than men as previously believed, but instead that they just excel ...
Wilson and Nicholl testified that the site were the car had broken down had been in the area were the crime was committed. They in addition said that both Milgaard and Wilson had left the car to get help and it was at this time that Milgaard met the victim. Nicholl added that she had witnessed the crime from her sitting position in the car. Although it must be noted that she tried to withdraw her evidence. Later in the trial Cadrain and Wilson declare that Milgaard had admitted to them about the crime and that they had seen blood in his pants. Wilson also said that he recalled Milgaard carrying a knife similar to the one supposedly In the beginning of the whole account, Wilson had first stated that neither he or anyone of his friends had been involved in the crime, but as the police interviews continued he changed his story and held Milgaard as the murderer. However in 1990 Mr. Wilson admitted to lying in trial to the Department of Justice. It was also investigated that Cadrain suffered a mental illness. This could have contributed to his testimony since he suffered this illness during and after the Milgaard trial. In contribution to this, Cadrain has claimed that his declarations were the result of extreme pressure by the police.
The Essay on Crime and time misc
The current rate of crime in our society has reached alarming proportions. ne senseless killings of innocent lives, the harassment of law abiding citizens, and loss of property istotally not accepted at all levels and walks of our society. The impact of reported and unreported incidents of crime continue to negate our newly founddemocracy with disastrous effects to our economy. Taking intq ...
Shortly after the trial Cadrain was admitted to a mental hospital. One can then conclude that he was in no capacity to testified and any of part of his testimony could not be taken very serious. Thus one can see that this part of the crowns case is worthless and cannot possibly lead to anyone believing that Mr. Milgaard was guilty. The other part which contributed to the conviction of Milgaard was the forensic evidence found on the scene of the crime. This involved two yellow clumps found, which were believed to be semen. The semen supposedly contained type A antigens which only a type A blood person would have. Ironically Milgaard had type A blood. However, there most be millions of people with type A blood, therefore to narrow it down to Milgaard is impossible. In addition these antigens are only found in blood. Blood which in this case could only be found in the secrete which accompanies the semen. However it was found that Mr. Milgaard is a none-secreted. Thus connecting the accused with this is not only impossible but ridiculous.
Furthermore tests run by Dr. Peter Markesteyn proved that the frozen yellow clump could not have been the semen of Milgaard or anyone in that case. He came to that conclusion because he himself froze semen. He then drooped some in the snow and concluded that the semen stays white and does not turn yellow. Thus, this clump could not have been semen. For all we know it cold have been dog?s urine. Since this test have been taken new DNA studies have proved that the sperm found on the victim was not that A further evidence presented by the crown was that of re-enactment. The crown had two eye witnesses that testified that Milgaard had shown them how he had accomplished the crime at a party and admitted to the crime. However it is very particular that the individuals were both facing criminal charges at the time. Perhaps they were pressure to say this in returned of a lighter sentenced. Either way it has been discovered that one of the girls had provided the police with a statement in which she argued and disagreed with that version of the story. Also Ms. Hall, one of the girls which testified against him later submitted a sworn evidence to the Department of justice in which she clearly states that all that was spoken at the trial by her had been a lied.
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1. At what point, if ever, did the parties have a contract? Our textbook defines a contract as “a promise or a set of promises enforceable by law” (). A contract does not necessarily has to be in writing. A contract can be oral and enforceable. Big Time Toymaker and Chou took part in an oral contract. Big Time Toy Maker and Chou held a meeting where an oral distribution agreement was reached. In ...
From this evidence one can then conclude that Mr. Milgaard was wrongly accused and that he is innocent in every aspect of the word. Nonetheless there are more pieces of this puzzle which without a doubt prove his freedom from guilt. For instance take the time of the crime. It is believed that Gail Miller left her house at 7:00 am. At the same time on the outskirts of town Milgaard and his friends were asking the manager for directions. It was also at this time that the caretaker claimed to have seen the car in the alley way. Thus it could have not been the car in which Milgaard was traveling. Furthermore, it was a half an hour later, that they became stuck behind Mr. Danchuk?s car. Both cars became stuck and the group was forced to wait for a tow truck for an hour in the Danchuk?s house. This would have made the time around 8:30 am. They reached their friends house around 9:00 am. The body was supposedly found at 8:30 am. Thus unless Mr. Milgaard has ability to be two places at the same time. He could not have been present at the time of the accident.
As stated before the group of friends spent the day waiting for their car to be fixed. Hence, if Milgaard had committed the crime he would have wanted to leave the town as soon as possible. However, this was not the case. He also did not have money. If he would have committed the crime then he would have had some money since the pursed of the victim was found empty. There is no doubt then, that Mr. Milgaard was In fact through the defense long investigation, the true culprit of this case was found. Mr. Fisher was charged with this crime after a DNA test prove that he had been present at the scene of the crime. It was also found that the accused lived in the basement of the Cadrain home, with his wife. It was also found that he had been responsible for other sexual assaults in the area, during and after the death of Gail Miller. This explains why the purse contents were scattered and led a trail to the Cadrain house. Based on this evidence, it is possible to conclude that this case was treated with unprofessional, corruption, and laziness. The police had the responsibility to find the culprit of this crime. If they would have had the iniciative to actually look into the case, they could have avoided the pain and suffering that the other women had to go through.
The Term Paper on The Death Penalty Case Police Crime
"The question with which we must deal is not whether a substantial proportion of American citizens, would today, if polled, opine that capital punishment is barbarously cruel, but whether they would find it to be so in light of all information presently available. -Justice Thurgood Marshall Family members of the wrongfully convicted, This letter is for everyone out there who has ever suffered. ...
Thanks to them women were robbed of their human rights, society as a whole was put in danger and an innocent man was placed in jail. However, the police chose to pick on a poor teenager, who had no way to defend himself. They through at him false witnesses and evidence all which ended in his conviction. Instead of having put so much effort into falsely accusing someone, they should have used that effort to find the real criminal. After the efforts of a loving mother for decades and a complete investigation by Mr. Aspen, Mr. Milgaard was finally released and cleared of all charges. He is now married and since has received money form the government reaching an estimated amount of $10 million dollars to accommodate any stress caused by his years in jail.
Although this case had a blissful ending, what about all those others who have been convicted wrongly every year by the justice system. How are we then to trust the courts? The courts are there to protect our human rights, however, cases like the Milgaard one put our trust in the Justice System to question. The courts need to reconstruct themselves. Situations like this ones should not accrued even by mistake. Specially situations in which the police are just too ?preoccupied? with other things to treat cases with the priority they are intitled to. Hence, in order to receive the treatment that we need, we ourselves need to protect ourselves. If we don?t who will? the Justice
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