Judge: Handy, J.
(What did the judge decide? What was His Opinion? What law he use--which "schools" of law: Natural law, Positivist view, Historical view, or Legal Realism view.? Did it change society?)
The decision of Judge Handy is that the defendants are innocent of the crime charged and that the conviction and sentence should be set aside. His opinion is that since an overwhelming majority of the public felt that the defendants should not be punished should be considered. According to Judge Handy, another judge felt that the prosecutor should not have asked for an indictment. Further, the Chief Justice wants the Executive to pardon the defendants. In other words, the judiciary is seeking that common sense be applied and these defendants should be let off. Judge Handy J feels that had the case gone to jury that jury would have considered the exceptional circumstances of these men and would have acquitted them.
He has followed legal realism in his arguments. This means indeterminacy of law, importance of interdisciplinary approach to law and belief in legal instrumentalism. In particular, he has argued from the perspective of societal interests. This hypothetical case depicts an extreme situation that is normally not encountered in society. So, this case or the verdict of Judge Handy J does not change the society. Judge Handy advocates the use of practical wisdom to the exercised in the context of the case. He wants human realities to be considered.
Explain why he use of those? 800 words
Essentially, legal realism refers to the fact that law is made by human beings and is therefore subject to human shortcoming, weaknesses and imperfections. This is why Judge Handy seeks to exercise practical wisdom. He outlines the four ways in which the defendants can be acquitted. First, he says that the judges decide that ...
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