Critically consider whether the current law on spousal compellability Essay

Critically consider whether the current law on spousal compellability is justifiable - Essay Example law and statute and has created controversy with regard whether it remains justifiable in the contemporary societal framework, particularly in light of the complex nature of familial relationships. For example, in cases involving violence it doesn’t always follow that a spouse will be willing witness and if children are involved in the family set up, the compellability principles could create negative repercussions for the witness in the long term3. The focus of this paper is to critically evaluate whether the current law on spousal compellability is justifiable. To this end, this paper will firstly consider the common law and statutory rules, followed by a discussion of proposals for reform on the spousal compellability rule with specific reference to the Scottish recommendations to amend the law on the compellability of spousal witnesses by analogy to the position in England and Wales. With regard to the definition of spouse under the compellability rules, under section 84(1) of the Civil Partnership Act 20044, the provisions relating to spousal compellability under section 80 of the Police and Criminal Evidence Act 19845 (PACE) apply equally to a civil partner of the defendant in addition to a spouse. Therefore both civil partners and spouse are covered by the compellability provisions. Additionally, the law distinguishes between civil and criminal cases6. For example, in civil cases spouses must be competent and compellable7however different considerations apply in criminal cases8. However, the common law position has often been criticised for being unsatisfactory and Murphy comments that â€Å"there had always been felt a slight natural repugnance at the thought of spouses giving evidenced against each other†9 on grounds of risks of perjury and the risks to the validity and credibility of any such evidence given10. This sentiment is further reflected by the dissenting speech of Lord Edmund Davies in Hoskyn v Commissioner of the Police for the

Pearl Harbor Research Paper Example | Topics and Well Written Essays - 2750 words

Pearl Harbor - Research Paper Example From the research it can be comprehended that the attack on Pearl Harbor will forever spark imagination borne in mind; 4,000 Americans were wounded or killed. Much of how Pearl Harbor started bothers many since; there are various things that occurred before the attack. It is documented that, on September 1940, the United States imposed restriction on Japan towards prohibiting exporting of Scrap iron, steel, and fuel. On April 1941, the Japanese signed the neutrality treaty with Soviet Union to prevent the attack if they were to go to war with the United States or Britain. Toward the end of July 1941, the United States, Netherlands, and Britain froze Japanese resources. Eventually, Japan could not purchase oil, which in turn, crippled its army as well as, its air forces. Japan seized the opportunity to take Southeast Asia’s resources but, all was in vain. Typically, the U.S demanded that Japan withdraws from Indonesia and China, though this could be settled with a token not to take more territory. In essence, the Japanese military was requested to device the war pan and also get the oil embargo lifted precisely. In this context, the U.S knew that the attack was imminent bearing in mind; their relationship with the Japanese Military was broken. Prior to the attack, warnings had been sent from Washington, though it arrived late. Before the attack, Japanese planes were spotted, but it was implicated to be American’ Flights. ... Toward the end of July 1941, the United States, Netherlands, and Britain froze Japanese resources. Eventually, Japan could not purchase oil, which in turn, crippled its army as well as, its air forces. Japan seized the opportunity to take Southeast Asia’s resources but, all was in vain. Typically, the U.S demanded that Japan withdraws from Indonesia and China, though this could be settled with a token not to take more territory. In essence, the Japanese military was requested to device the war pan and also get the oil embargo lifted precisely. In this context, the U.S knew that the attack was imminent bearing in mind; their relationship with the Japanese Military was broken. Prior to the attack, warnings had been sent from Washington, though it arrived late. Before the attack, Japanese planes were spotted, but it was implicated to be American’ Flights. On December 7th 1941, it was a peaceful Sunday morning on the Hawaiian island. The first wave of the Japanese airplanes left six aircraft carriers with struck Pearl Harbor before 8 AM local time. After two waves of terror lasting, the disaster had occurred. Over 3, 500 Americans were badly damaged by 18 ships, and a lot of resources were destroyed. The attack lasted approximately 2 hours, from 7.55 A.M to 10.45 A.M. The first Wave struck Pearl Harbor at 7.55 .A.M, and the second one around 8.50 A.M. With no doubt; the attack on Pearl Harbor was military strike organized by the Japanese against the U.S. WHERE IT STARTED The attack on Pearl Harbor started at Hawaii, on a Sunday morning. Many American servicemen were either eating breakfast or still in pajama when the attack began. This stands out that,