The Judge: SUMMARY: The Judge, Joseph Palmer, Was Arrested For Killing A Man With His

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The Judge

SUMMARY: The Judge, Joseph Palmer, was arrested for killing a man with his
car while on a late-night errand. Mark Blackwell, the victim, was a man that the
judge had convicted years earlier. There is an evidence that the judge, while still
confused by the loss of his wife, is aware of what he was doing.
Hank, Josephs son, is a lawyer who stayed in town to defend his father from the
charge of first degree murder and voluntary manslaughter brought by the
prosecution. During the trial, Hank attempted to show that his father is confused
and not responsible for his actions due to the chemotherapy that he is going
through. The judge testified that the insult that Blackwell said pertaining to his
wife prompted him to commit the act. The judge was found guilty of voluntary
manslaughter and sentenced to four years in prison. The judge served seven
months and freed after being granted parole.

APPLICATION: Automatism is one of the mental condition defenses that relate


to the mental state of the defendant. Automatism can be seen variously as lack of
voluntariness, lack of culpability (unconsciousness) or excuse. Automatism means
that the defendant was not aware of his or her actions when making the particular
movements that constituted the illegal act. This is the defense strategy that was
showed in the movie. In the US, the defense of automatism is denying that the
person was acting in the sense that the criminal law demands. As such it is really a
denial-of-proof where the defendant is asserting that the offence is not made out.
The prosecution does not have to disprove the defense as is sometimes erroneously
reported. The prosecution has to prove all the elements of the offense including the
voluntary act requirement. Automatism is a defense even against strict liability
crimes like dangerous driving, where no intent is necessary. In the movie, the
prosecution was able to prove all the elements of the offense. This convinced the
jury of the judges guilt.
In relation to the rules on evidence, one of the most notable testimony is the
testimony of the police officer in relation with the photos taken in the crime scene.
The testimony brought out the issue of the existence, or for this matter, the nonexistence of brake marks.
The photos of the crime scene and the testimony of the police officer is an example
of a circumstantial evidence which is also know as indirect evidence. It arises from
direct evidence, or a combination of direct and real evidence. It consists of
inferences logically drawn from known facts. The main fact is arrived at through a
process of simple deduction based on the common experience of mankind. In the
movie, The prosecution was able to give the implication that the judge had not
intended to stop after hitting the victim. This was supported by the testimony of the
police officer, supported by the photos of the crime scene.

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