injury lawyer denver

injury lawyer denver

injury lawyer denver
injury lawyer denver

Big night for HBO at Emmys with ‘Veep,’ ‘Thrones’ – The Denver Post

Big night for HBO at Emmys with ‘Veep,’ ‘Thrones’ The Denver Post Hamm was a sentimental favorite for winning best actor in his last chance with “Mad Men,” and Morgan was an emotional surprise in appearing onstage following his traumatic brain injury in an auto accident last year. For sheer awards tonnage, it was a …and more »

10 thoughts on the Bears’ 48-23 loss to the Cardinals – Chicago Tribune

Chicago Tribune

10 thoughts on the Bears’ 48-23 loss to the Cardinals Chicago Tribune Outside linebacker Pernell McPhee, in a two-point stance, blew past Cardinals left guard Ted Larsen, a journeyman starting in place of Mike Iupati, who missed the game still recovering from a meniscus injury suffered last month. McPhee was on top of …and more »

HBO dominates Emmys with ‘Game of Thrones,’ ‘Veep’ and ‘Olive Kitteridge’ – The Denver Channel

HBO dominates Emmys with ‘Game of Thrones,’ ‘Veep’ and ‘Olive Kitteridge’ The Denver Channel Hamm was a sentimental favorite for winning best actor in his last chance with “Mad Men,” and Morgan was an emotional surprise in appearing onstage following his traumatic brain injury in an auto accident last year. For sheer awards tonnage, it was a …and more »

The Case Of Twinkie Defense Needs To Be Discussed

The so called “Twinkie defense” can be somehow called a far relative of the under the influence cases, but it is unique and definitely deserves some space for a review.

In jurisprudence, “Twinkie defense” is a derisive label for a criminal defendant’s claims that some unusual biological component factored into the causes or motives of an alleged crime. According to this defense, the biological factor influenced the defendant’s responsibility, and therefore he is not completely responsible for actions which violated the law, or his criminal liability should be reduced to a lesser offense. While it is considered to be serious “Twinkie defense” implies that the specific biological factor is not the one that most people would view as sufficient to account for criminal activity, like the effects of allergies, minor stimulants such as coffee and nicotine, sugar and/or vitamins.

The term was coined by the press after the case of Dan White, who assassinated Mayor George Moscone and the first openly gay politician Supervisor Harvey Milk, on November 27, 1978. Two psychiatrists had stated that a recent consumption of junk food and sugar-laden soft drinks like Coca-Cola, had an impact on White’s psychic condition and, combined with his depression, finally led to the killings. Twinkies were never mentioned on that case, but Dan White actually “won”, his defense successfully persuaded the jury that White’s capacity for rational thought had been diminished. The jury found White incapable of the premeditation required for a murder conviction, and instead he was convicted in voluntary manslaughter. As a result the city of San Francisco exploded with the White Night Riots, a series of violent gay rights protests and demonstrations.

The negative reaction from the White’s case actually has an impact and in 1982 “Twinkie defense” was abolished. The term “diminished capacity” was replaced by “diminished actuality” by Proposition 8 and the California legislature. The new term was referring not to the capacity to have a specific intent, but to whether the defendant actually had the required intent to commit the crime with which he or she was charged.

“Twinkie defense” of course wasn’t meant to be a serious law term. But if we take a more detailed look such type of defense has sense. It is true that some types of products can cause biological changes that will influence behavior. In case of Dan White his rapid change from healthy life to junk food combined with heavy depression could have caused some lack of mental stability. But the main question is who is then to blame? The companies that produce junk food could be charged, but they will step away just with few warning words on the package. And it’s actually not their fault, when someone takes a bottle of sleeping pills you don’t charge the pharmacy that sold the pills. Basically the only one who is to blame in the over consumption of the un-healthy food is the “Twinkie protected” person itself. Today everyone is aware of the unhealthy food and the health consequences, still if a person doesn’t care than no one else is to blame for his mental condition.

Homosexual Rights in Canada

The biggest problem with same sex marriages in Canada is that most of the laws can’t handle the situations when there is a partnership between two men or two women. It’s like being equal, but less equal than others. But it is normal because the first same sex marriages were legalized in Ontario in 2003 and Canada approved this type of unions in 2005, so the legal side of same sex marriages is only about six years old. Some states don’t even have an appropriate legislation yet. Even the first same sex divorce occurred only in 2004. So basically in case of any legal problems with same sex couples, the juries and attorneys usually turn to the modern law, but in some cases the decisions might not be very fair. Still many of the latest amendments were won in courtrooms by same sex couples who were willing to fight for their rights. The second solution is that a same sex couple can always sign an agreement concerning their union and specify all the things related to divorce, for example, in this document. But let’s not forget that the official Canadian law states that lesbians and homosexual men in Canada have the same rights and responsibilities as heterosexual Canadians in family law, almost.

The main conflict in Same Sex Spousal rights is between the Canadian Law and the Charter of Rights. For example in married same sex couples the ground of adultery is available even if the adulterer had an affair with someone of the same sex, still not one of the laws regarding the trial side holds the definition of this problem for same sex couples. Also in case of divorce problems like spousal and child support and the division of family property can be very big, also because the law has no same sex version of the parts regulating things like child support. In different provinces there are different rules, but mostly a divorcing couple is viewed and man and women. The same sex couples would ether need to choose or go to court and take another fight for their equality under the Canadian Law.

In British Columbia and Ontario lesbian and gay couples who live together have the same rights and responsibilities as heterosexual common law partners, including the right to seek spousal maintenance or child maintenance when the relationship ends. Still these rights were granted only after several trials. Similar laws in other provinces don’t even exist. This creates another problem, if we look through the demographics of the same sex marriages we will see that the most weddings occur in Ontario and British Columbia, the provinces that were the first to accept the same sex marriages. It means that the gay and lesbian couples are moving to provinces where they are legally protected. That leaves the other provinces without legal problems concerning the rights of same sex couples and naturally without the evolution of the laws regulating these problems. A good way out is to push the laws that exist in some provinces to a national level, but that requires time and effort.

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