Ms. Jamie Tanis Gladue: Analysis on the facts

Ms. Jamie Tanis Gladue Name Institution Date Ms. Jamie Tanis Gladue Introduction Ms. Jamie Tanis Gladue as the appellant, in this case, was pregnant with their second child and had every reason to believe that her husband had an affair with her younger sister. A dangerous argument transpired between the two spouses that resulted into insults from Beaver which attracted the attention of the neighbor. The neighbor believed that there was physical abuse taking place as a result of the loud argument. The moment that followed was scary since the neighbor saw Gladue chasing Beaver with a knife, Beaver collapsed under a pool of blood as Gladue danced with a knife in her right hand. She had stabbed Beaver right at his heart leading to instant death. The preliminary hearing, made the appellant enter a plea of guilty of manslaughter. Thesis statement; “There is need to conduct a thorough research on the legal system and character traits of different races including Aboriginals for the purposes of giving a sober judgement in the occurrence of any criminal activity.” Analysis on the facts In the first instance, the deceased had earlier been convicted for assaulting Gladue in her first pregnancy leading to intermittent sentence for 15 days. The presence of bruises on Ms. Gladue was not convincing enough to trial judges even though it was an indication of a physical assault. This is since they did not believe on Ms. Gladue’s character of being a respectful wife. However, the appellant was considered as the aggressor in this case, since she made the charge of stabbing her spouse twice on the chest (Stack, 1999). Medical examination revealed that Ms. Gladue had a condition referred to as hyperthyroid that triggered the production of exaggerated emotional reaction towards any situation. Ms. Gladue was sent on bail for seventeen months awaiting her trial during which she was subject to counseling on use of drugs. She was found remorseful with no initial intention to murder her husband. The woman had an Aboriginal background and lived within an urban setting (Stack, 1999). Sentence on Ms. Gladue The lady Ms. Gladue received a sentence of three years imprisonment with an additional ten years prohibition on the use of firearm. Such a sentence was considered appropriate for such a crime on manslaughter. The sentence was based on mitigating factors that include her tender age, counseling on drug abuse, her spouse’s insulting behavior, her medical condition, pleading guilty as well as a genuine apology to her deceased husband’s family. On the basis of aggravating factors, the judgement considered the fact that she actually stabbed Beaver twice on the left chest, with the intention to seriously cause harm, and she was not afraid of committing a crime. In this case, the judgement on specific deterrence proved unnecessary, however, it was important to reflect in the judgement the principle that supports denunciation as well as general deterrence. There was also a proposal on the need to send the accused to a rehabilitation center (Stack, 1999). The accused managed to appeal on the ground that the trial judge over-emphasized the principles of general deterrence as well as a denunciation. Instead, the trial judge failed to recognize her efforts ...