Running head: IS IT MANDATORY FOR PEOPLE TO WEAR HELMET WHILE RIDING A MOTORCYCLE 1

Is it Mandatory for People to wear Helmet while riding a Motorcycle?

Institutional Affiliation

Course

Instructor

Date
IS IT MANDATORY FOR PEOPLE TO WEAR HELMET WHILE RIDING A MOTORCYCLE 2

Is it Mandatory for People to wear Helmet while riding a Motorcycle?

Response for Question #1

The same way a husband in need of a wife, a child is in need of a parent, a teacher is in

need of a student, and so, in a crime, there must be a victim. The federal, state, as well as the

local government, have labeled some crimes which seem to be victimless. Some of these crimes

include not to mention not putting on a seatbelt, using a motorcycle without putting on a helmet,

executing business on Sunday, gouging prices, charging a high rate of interest, or even text while

driving. Certainly, these are some of the laws that people tend to break often as they seem

victimless. For example, while many people may not have a car but, when given a ride, they

might forget to tighten the safety belt and so, end up breaking this victimless crime. All the same,

the law strives to protect us by ensuring that anyone in a car puts on a safety belt or motorcyclists

put on a helmet (U.S. Department of Transportation Campaign Safe and Sober, 1996). While

these laws seem to be imposed on crimeless acts, the government strives to inflict people with

the aspect of individual responsibility. Therefore, by embracing this theory, it will be possible for

the new paralegal officer to create a memo that backs the decision of the government. To be

specific, by applying the theory, he will create a memo that makes it clear that helmet laws are

meaningful in that they do not cause injuries and they have been impactful in minimizing the

cases of deaths and serious injuries in the past 40 years (Vance, 2010).

Response for Question #2

In my state that is Missouri State, after the trial court comes up with the decision, that

does not favor the party that lost the case, then it would be necessary for this party to appeal.

Considering the fact that the failure to put a helmet when on a motorcycle is regarded as a

criminal case, the convicted is permitted to appeal the conviction or sentence depending on the
IS IT MANDATORY FOR PEOPLE TO WEAR HELMET WHILE RIDING A MOTORCYCLE 3

decision of the court. The commencement of the appellate course is marked with stringent rules

established by the Supreme Court. Missouri is marked with four appellate courts that is the

supreme court along with three intermediate appeals courts. The appeals courts include not to

mention the Western District based in Kansas, the Southern District based in Springfield, as well

as the Eastern District in St. Louis. When filing the appeal, the convicted should give “notice of

appeal” to the trial court within a month to allow the clerk to prepare the trial court record that

will then be looked in the course of the appeal (courts.IN.gov, n.d.).

After the trial record has been sent to the clerk in either of the courts of the appeal, it

would be necessary to initiate the consequent part of the filing. At this point, the convicted or in

other words the appellant will file a brief and the brief will outline the legal blunders the

convicted believes to have been prompted in the event of the trial (courts.IN.gov, n.d.). The

appellee will also file it's brief and thereafter, the convicted will file a response to the appellee.

The briefs in the form of arguments will then be organized where the brief of the convicted will

be coded with a blue cover page while that of the appellee will be coded with the red color.

Thereafter, the lawyer will be presented with an opportunity to engage the panel in an attempt to

affirm or avert the decision of the trial court. Finally, after reviewing the details presented to

them by the attorneys as well as again research extensively about the case, the judges will draft

an opinion. Eventually, a decision will be made based on the majority opinion.

IS IT MANDATORY FOR PEOPLE TO WEAR HELMET WHILE RIDING A MOTORCYCLE 4

References

courts.IN.gov: How a Case Moves from the Trial Court to the Appellate Court. (n.d.). Retrieved

10 August 2019, from https://www.in.gov/judiciary/2665.htm

U.S. Department of Transportation Campaign Safe and Sober. (1996, October). Motorcycle

helmets: The facts of life. Retrieved

from http://www.nhtsa.gov/people/injury/pedbimot/NoMigrate/Mcfol2.pdf.

Vance, L. M. (2010, May 21). Every crime needs a victim. Campaign for Liberty. Retrieved

from https://www.lewrockwell.com/2010/05/laurence-m-vance/if-its-a-crime-it-has-a-

victim/