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defense attorney get Hamlet off the hook for his crimes of passion on a plea of insanity? Certainly anyone who chats with ghosts on Danish parapets, misleads innocent young women, and stages theatricals to expose villainous relatives of "murder most foul" isn't playing with a full deck. Or is this young Dane, instead, a poster child for the premise that bad things can happen to good people?
Scholars have long debated the meaning behind Hamlet's infamous speech, "To be or not to be." Its context addresses the speaker's proclivity to straddle the fence until more facts are known. Is the ghost that of Hamlet's dead father? Or is it a demon sent to torment him in his suicidal state of depression? He recognizes the spirit is toying with his emotions. Yet its message is consistent with his disdain for the status quo. Does he really see his father "in his…
Prosecutor v. Defense Attorney
The United States justice system is based on the very basic notion that all people who are accused of a crime are considered innocent, unless proven beyond a shadow of a doubt to be guilty of committing a crime. This fact means that it is the burden of the state or the prosecuting attorney to prove the accused defendant's guilt to the judge or the jury of peers.(Lectric Law Library, 1) Only in appellate courts are previous facts re-examined, the initial sentencing is prone to emotional feelings stirred up in court, whereas appeals decisions are made discreetly outside of a full public courtroom. In the modern American justice system, the prosecution and the defense are each seeking justice for their respective causes, yet the way that each party goes about in achieving their objectives is entirely different.
In the prosecutor's pursuit of justice, many tools are…
"Legal Definition of Prosecutor." The 'Lectric Law Library's Entrance & Welcome. Web. 28 Jan. 2012. .
"Prosecutor Jobs, Public Defender Jobs."Legal Authority. Web. 28 Jan. 2012. .
"Prosecutorial Discretion - Legal Definition." Legal Definitions. Web. 28 Jan. 2012. .
The role of a defense attorney in an adversarial system
A defense attorney assumes an integral position in the pursuit for and promotion of justice in an adversarial system. Defense attorneys are uniquely positioned via their legal system knowledge and interaction with the relevant principles in legal matters to influence the adversarial system in pursuit for justice. Sometimes, tensions exist between their duties to confidentiality towards clients and their duty to help the administration of justice. The defense attorney has a distinct set of responsibilities in the adversarial system. According to the U.S. Bar Association, it is the role of a defense attorney to defend the accused zealously and seek the best possible outcomes for the client (Neubauer & Fradella, 2011). In relation to this position, defense attorneys are committed to three goals: righting the balances of an unequal society, holding the government to the burden of proof,…
Neubauer, D & Fradella, H. (2011). America's Courts and the Criminal Justice System, 11th edition. New York: Wadsworth.
Falk, G. (2010). The American criminal justice system: How it works, how it doesn't, and how to fix it. Santa Barbara, Calif: Praeger.
The legal system serves as the cornerstone of modern society. This system ensures that the public good is maintained and that the social fabric of society is preserved at all times. A prosecuting attorney has a unique position within this system. They represent the state, or the public good in general, and not just a single client. Therefore, there role is to not only seek convictions among those who have violated laws that could undermine the public good, but a prosecutor must always balance this with justice. However, it is in this space, the space between justice and the perception of guilt, that prosecutors lose their way. To successfully maintain the ethical position as a prosecutor, a balance must be upheld in which self-interest is regulated by process, ethics, and the consideration of the public good at all times. However, this balance is easily skewed and is commonly…
Truth in Justice. (n.d.). Harmful Error: Report on Prsecutorial Misconduct Released. Retrieved from http://www.truthinjustice.org/index.htm
Boundaries of Advocacy
Prosecutors and defense attorneys are pitted against each other in a system of justice. The ultimate goal of this system is to serve the public's best interest by maintaining order and supplying some rules for a just society. However, in every case that is tried, there are boundaries that can be crossed by either side. Crossing these boundaries can have severe implications for the public good. Prosecutors can often convict individuals who are innocent and defense attorneys can help acquit an individual who is guilty in reality. Such actions are not consistent with an effective justice system, yet they are common occurrences. According to a 2003 study, "Local prosecutors in many of the 2,341 jurisdictions across the nation have stretched, bent or broken rules to win convictions…. Since 1970, individual judges and appellate court panels cited prosecutorial misconduct as a factor when dismissing charges, reversing convictions or…
Weinburg, S. (2003, November 26). Breaking the Rules. Retrieved from The Center for Public Integrity: http://www.publicintegrity.org/2003/06/26/5517/breaking-rules
Judge roderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendment. Id. However, he declined to accord the defendants the benefit of this "probable" Fifth Amendment right to defense witness immunity for two reasons. First, he ruled that the defendants' motion was untimely, since it should properly have been made at the beginning of the trial. Second, he concluded that defense witness immunity would be available only to secure testimony that was material and exculpatory and that the defendants had not shown that any of the witnesses for whom they sought immunity would give material, exculpatory testimony."
The only federal appellate decisions that have ruled in favor of defense witness immunity are stated to appear to be the Third…
Cornell University Law School (2009) "Bill of Rights from Cornell University Law School. United States Constitution. LIT/Legal Information Institute. Online available at: Cornell University Law School. "Bill of Rights from Cornell University Law School
Charters of Freedom - The Declaration of Independence, The Constitution, The Bill of Rights
Sosnov, Leonard N. (nd) Separation of Powers Shell Game: The Federal Witness Immunity Act. Temple Law Review.
UNITED STATES of America, Appellee, v. Norman TURKISH, Defendant-Appellant. United States Court of Appeals for the Second Circuit May 27, 1980 623 F.2d 769. Online available at: http://www.altlaw.org/v1/cases/557484
Calling herself an "ill-fated woman" (1251), Medea told reporters through an emissary that the very sight of the children reminded her of her sacrifices to Jason, and the uncovered plot that Creon and the princess were ready to "throw me out of this land and get away with it" (1358).
The trial promises to be lively, with the prosecution asking for the death penalty with all due prejudice. Defense will have its own challenges, guilt is apparent and admitted, it will remain to see the defense's skill in making the Judge and Jury believe that the circumstance surrounding the crime were sufficient to explain the act. When asked what he'd like to see happen to Medea, her attorney commented, "Has she not suffered enough. Has she not spent years of her life awaiting a husband, faithfully executing her duties to him and never straying. To find out that she was…
Attorneys of every ilk are consistently and constantly faced with decisions that test their ethical considerations. Corporate attorneys faced with illegal activities, divorce attorneys faced with familial consequences, defense attorneys defending sometimes guilty clients, medical attorneys pursuing lawsuits on trivial matters, and even attorneys who represent politicians and policy makers are all examples of attorneys who, at some point in their illustrious careers, are faced with ethical situations that will test their mettle. Oftentimes attorneys will necessarily be taken into their client's confidence regarding situations that are questionable. The question this paper will focus on is 'when is it ethical for an attorney to betray a client's confidence?' This question is a significant one in that most attorneys are going to be faced with ongoing situations that will cause them to make ethical decisions based on their beliefs and belief systems.
The importance of the study is that it…
Asimow, M. & Weisberg, R. (2002) When the lawyer knows the client is guilty, Southern California Interdisciplinary Law Journal, Vol.18, Issue 2, pp. 29 -58
Basile, M.E.; (2009) Loyalty testing for attorneys: When is it necessary and who should decide? Cardozo Law Review, Vol. 30, Issue 5, pp. 1843 -- 1884
Dent, Jr. G.W.; (2007) George A Leet business law symposium lawyers in the crosshairs: The new legal and ethical duties of corporate attorneys, Case Western Reserve Law Review, Vol. 57, Issue 2, pp. 337 -- 339.
Freedman, M (1966) Professional responsibility of the criminal defense lawyer: The three hardest questions, Michigan Law Review, Vol. 64. Issue 8, pp. 469-484
Attorney Fink Violated Professionals Rules of Conduct
Attorney Fink Violated Professional Rules of Conduct
In this case, we are looking at if Melvin Fink violated ethical standards based on the advice that he gave to his client Robin usy. What was determined is that he did not act inappropriately. However, the ethical standards he used when working with his client are questionable at best (which created the conflict).
In the case study, Melvin Fink violated his basic responsibilities as an attorney. This is because his client Robin ushy filed for divorce and engaged in fraud at his direction. What happened was he settled the case surrounding the assets that both her and her husband (Jeffrey) owned during the marriage. However, despite this fact there were issues surrounding a Subaru that was in both their names. Under a prenuptial agreement the assets that were in each person's name was considered to…
Melvin Fink Esq. 99-558 VT, (2000).
Melvin Fink Esq. 99-558 VT, (2000).
Melvin Fink Esq. 99-558 VT, (2000).
Melvin Fink Esq. 99-558 VT, (2000).
hen does insanity excuse criminal liability?
A defendant has an excuse for liability, says Paul Robinson, in his book Criminal Law Defenses, when he or she is acting involuntarily and their own disability causes him or her to mistakenly or unknowingly violate a criminal prohibition. This person does not know whether his or her behavior is wrong or criminal (Robinson 222). This is in contrast to what is called a character-based approach, where a person's adherence to virtues or vices creates a character and a reputation for morality or immorality, upon which they are judged. Finkelstein argues that a system which bases its retributive punishment on a person's character, rather than on the act itself brings about social welfare. Just as one cannot judge a person's moral character upon a single act, one cannot decide the morality or immorality of a person by visible actions. She quotes George Fletcher as…
Article 35 of the NY State Penal Code: Found at http://ypdcrime.com/penal.law/article35.htm .
Finkelstein, Claire. Excuses and Dispositions in Criminal Law. U. Of Buffalo. 14 Apr 2003.
Fletcher, George. Rethinking Criminal Law. 1978.
Hans, Valerie P. And Slater, Dan. "John Hinckley, Jr. And the Insanity Defense: The Public's Verdict," the Public Opinion Quarterly, Vol. 47(2). 1983.
Lincoln Lawyer by Michael Connelly
In The Lincoln Lawyer, a legal thriller novel, Michael Connelly delves deep into the inner-dynamics of criminal justice system, highlighting the disconnect between the system's underlying idealistic philosophies, and the often ethically questionable, practical realities of how the system actually plays out. The protagonist, Mickey Haller, is a successful and well-known Los Angeles criminal defense attorney and trial lawyer, who operates his practice out of the back seat of his chauffeured Lincoln Town Car. Haller displayed a highly cynical attitude regarding the nature of the justice system, asserting that "[t]he law was not about truth. It was about "negotiation, amelioration, manipulation." Haller saw himself as a mere "mechanic," working with a "large rusting machine that sucked up people and lives and money." His 15 years of 'wheeling and dealing' in the system, representing gangsters, drug dealers, prostitutes, and thugs, led him to conclude that the…
Connelly, Michael (2005). The Lincoln Lawyer: A Novel. Hachette Book Group. Kindle Edition.
California Rules of Professional Conduct
Putting the defendant in jail for life is, simply put, a violation of the Eighth Amendment - cruel and unjust punishment.
King Brothers Case
This case followed directly on the heels of the Tate case, but provides less of a defense to the children here. It is undisputed that the children knew what they were doing when they helped to murder their father. Unlike the Tate case, there is no debate about mens rea, or actual guilt in the crime.
As a defense attorney, however, I would focus the children's defense on the fact that the sentencing of life in prison is unconstitutional given the Eighth Amendment's bar against cruel and unjust punishment.
The children were exceedingly young, and under the influence of child molester and statutory rapist. As a result, their situation is extraordinary in its circumstances, and even though a prison sentence is appropriate, a mitigated sentence with…
Comparisons of conviction rates both in federal courts and in criminal cases that are tried in the most populous counties of the United States are statistically the same regardless of whether a public or a private defense attorney as representing the defendant (Siegel 2009; Gaines & Miller 2011). This initially suggests that there is not a great deal of difference in the selection of an attorney when it comes to the outcome of the case: prosecutors do not tend to focus resources on cases they are not fairly confident they can win, and thus the vast majority of criminal cases (ninety percent of federal cases and approximately seventy-five percent of cases in the most populous counties) result in guilty verdicts with the type of attorney having no discernible effect (Siegel 2009). This does not mean that differences don't exist, however. Though conviction rates are the same for public and private…
Gaines, L. & Miller, R. (2011). Criminal Justice in Action. Belmont, CA: Wadsworth.
Siegel, L. (2009). Introduction to Criminal Justice. Belmont, CA: Wadsworth.
Driving hile Impaired in Canada
Tough new laws have been enacted in Canada in response to the problem of driving while impaired. In this case "impaired" means driving while intoxicated on alcohol -- being over the limit on blood alcohol (driving under the influence, DUI / driving while intoxicated, DI) -- or on drugs. This paper describes the issue, reviews the relevant legislation and laws, reviews the history of laws pertaining to impaired driving sanctions, and offers analysis of the contemporary legal situations regarding impaired driving laws in Canada.
hat is Impaired Driving?
The Ministry of Transportation in Ontario defines impaired driving as driving "while you ability is affected by alcohol or drugs… a deadly combination" (www.mto.gov.on.ca). The fact is that one drink can reduce a driver's ability to concentrate on the road and the traffic. Even one drink can affect a driver's reaction time, the MTO explains. The MTO…
Addario, Frank. (2008). Nasty Criminal Law Will Achieve Nothing for Public Safety.
Criminal Lawyer's Association. Retrieved Oct. 1, 2011, from http://www.criminallawyers.ca .
Bill C-2. (2007). An Act to amend the Criminal Code and to Make Consequential Amendments
To Other Acts. Parliament of Canada. Virtual Library. Retrieved Oct. 1, 2011, from http://www.parl.gc.ca .
" (Spohn, 2009, p. 105) However, there is a distinct advantage to having a private attorney when it comes to the sentencing aspect of the proceedings. Studies have indicated that "a higher percentage of defendants with public defenders are sent to prison." (Gaines, 2010, p. 207) There may be extenuating circumstances in this study as many who use public defenders are repeat offenders do so because they are financially destitute.
There are distinct advantages and disadvantages to using a public defender or a privately hired attorney. While public defenders are overloaded with cases, they are free and their familiarity with the system, prosecutors, and judges can work to the client's advantage. On the other hand the sheer numbers of cases public defenders must take on can restrict the attorneys attention to one particular case. And while private attorneys can expend more resources toward the case, they sometimes do not have…
Gaines, Larry, and Roger Miller. (2010). Criminal Justice in Action: The Core. Belmont,
CA., Wadsworth/Cengage. Retrieved from http://books.google.com/books?id=DcTf9CQ7XAIC&pg=PT238&dq=private+vs.+public+defense&hl=en&ei=zcqETsrbNcWugQe_q-go&sa=X&oi=book_result&ct=result&resnum=2&ved=0CDMQ6AEwAQ%20//%20v=onepage&q=private%20vs%20public%20defense&f=false http://www.usconstitution.net/miranda.html
Spohn, Cassia and Craig Hemmens. (2009). Courts: A Text/Reader. California: Sage
LARA LAWYER, ATTORNEY
Lawyer, Attorney, and Counsel, LLC
123 Main Street
Phone Number (with area code)
SUPERIOR COURT OF THE STATE OF ILLINOIS
FOR THE COUNTY OF MARION
Case No.: 12-3-456789-1
COMPLAINT FOR DAMAGES
Mrs. Prudence Smith was driving on Banta Road where it intersects Bluff Road in Marion County, Indiana about 7:50 A.M., on January 21, 2011. It was a frosty morning, just prior to sunrise. Mrs. Smith was driving a 1997 Chevrolet Cavalier with burned out tail lights. The brake lights were working inside the vehicle.
Sheri Miller was running late for work on the morning of January 21, 2011 and was traveling behind Mrs. Smith. Mrs. Miller was driving a 2004 Ford F250 pickup truck and her windows were frosted over from being parked outside overnight. She had scraped a small area of her windshield clean.
The road to becoming a criminal attorney begins after high school, because a four-year college degree is a prerequisite for admission to law school. Contrary to popular belief, it is not necessary to study political science or criminal justice in college in order to get into law school. Post graduate institutions value intellectual diversity, so applicants with engineering degrees or other specialized academic backgrounds sometimes have an advantage over more "typical" student profiles.
Since applicants' undergraduate performance is part of the admissions equation, college students should concentrate on an area that genuinely interests them, because they are more likely to achieve high GPA's that way, as well.(1)
During the third year of college, aspiring law students take the Law School
Achievement Test (LSAT), a standardized test designed to measure a student's aptitude and chances of successfully completing the Juris Doctor program. The LSAT is more ability-oriented than the…
5. New York Law School Academic Catalog (1983-84) New York: NYLS
6. New York Law School Academic Catalog (2003-04) New York: NYLS
7. Turow, S. One L (1979) New York: Warner Books
Though the female did sustain damages when the bus dropped into the ditch, her damages were not inflicted via negligent behavior on the part of the driver.
Given the facts presented in this case, the injured female will not prevail in a lawsuit for negligence against the driver of the bus.
Fair Test's defense in the copyright violation action brought by the College Board will fail at trial. Though some College Board data is readily available to the public, Fair Test took advantage of said data to propound a thesis without securing explicit permission from the College Board via the method devised by the College Board for release of their copywritten and proprietary data.
To protect his interest in commercial building in the area rumored to fall under the auspices of residential building only by the City Planning Commission Hardy should expedite the closing process on the land for which…
private vs. public defense
In the event that one gets arrested or sued for a given crime, there are often issues that the defendant would like to consider before settling for a private or a public attorney. It is hence wise to decipher the likely differences of each attorney and know what advantages come with each. The paper will hence highlight the positives and the negatives that have been noted on each category of lawyers.
The public defenders are known to have several cases that they are handling at one given time, well into hundreds at times. This may cut b both ways, it could mean they will expedite your case so as to reduce the pile of cases, hence your case ending sooner than that of a private defender who has fewer cases hence not in a hurry to have them dealt with. But on the reverse, it could…
Law Offices of Bradford Kvinta, (2014). A Public Defender or a Private Attorney: Which Option Is Best for You? Retrieved September 26, 2015 from http://www.kvintalaw.com/a-public-defender-or-a-private-attorney-which-option-is-best-for-you/
Public defenders, (2015). Pros and Cons of Public Defenders. Retrieved September 26, 2015 from http://www.publicdefenders.net/prosandconsofpublicdefenders.html
W. Barry Alvis and Associates, (2015). Private Lawyer Vs. Public. Retrieved September 26, 2015 from http://wbarryalvislaw.com/Private_Lawyer_v_Public.html
Determine whether Mr. Ebersol was guilty of shoplifting. If Mr. Ebersol was guilty of shoplifting, determine what he can expect his punishment to be.
Mr. Ebersol purchased a flathead screwdriver from the hardware store on Saturday, but purchased a Phillips head screwdriver by mistake. Mr. Ebersol returned to the store with the intention of purchasing screws for his new screwdriver. When he discovered that the hardware store was out of flathead screws, Mr. Ebersol left the flathead screwdriver on the counter and left the store with a Phillips head screwdriver in his pocket. Mr. Ebersol was detained, interrogated for 2 1/2 hours, and released with shoplifting charges against him.
(1) Is Mr. Ebersol guilty of shoplifting?
(2) If Mr. Ebersol is guilty of shoplifting, what can his expected punishment be?
(1) Mr. Ebersol is not guilty of…
Sneaky Pete Case
Answers to Jake Law's Questions
Jake Law is the prosecuting attorney in the armed robbery case of Sneaky Pete. In the current negotiation, Jake must resolve his issues with the defense attorney, Chris Vaughn and the Judge as well. It is important for Jake to remember his role as an officer of the court and do what is right for the jurisdiction he represents and not simply for his own personal benefit. Unfortunately for Pete, many of these attorneys are very unsympathetic to anything other than their career.
Prosecuting attorneys serve the public by representing local, state or federal governments in criminal court cases. They participate in the investigation of criminal activity and fight for justice and represents the court. They must also have an understanding of their communities' needs and the motivations driving law breakers. Successful prosecution can lead to an individual's loss of rights, and…
Sneaky Pete Case Study. Provided by customer.
The Legal Dictionary. "District and Prosecuting Attorneys." Viewed 11 Aug 2013. Retrieved from http://legal-dictionary.thefreedictionary.com/District+and+Prosecuting+Attorneys
The Legal Dictionary. "Defense Attorney." Viewed 11 Aug 2013. Retrieved from http://legal- dictionary.thefreedictionary.com/Defense+attorney
Peace Officer Trainee
Discuss the stages (investigative, prosecutorial) at which each of the above interacts with a criminal defendant. Specify the roles of each and explain the process by which a suspect becomes a criminal defendant.
criminal justice system has interconnected parts that are working together to investigate and prosecute crimes. At the same time, officials have to be respectful of the defendant's civil rights and any kind of investigative techniques they are using to collect evidence. This is because the Constitution states, that all persons who are facing criminal prosecution must be found guilty beyond a reasonable doubt. (Hess, 2010, pp. 32 -- 105) (Cryer, 2010, pp. 361 -- 424)
As a result, all of the different sides must work together to ensure that these basic principles are taken into account. This means that the police and federal agents will be at the forefront for investigating crimes and making…
Cryer, R. (2009). Criminal Investigation. New York, NY: Cambridge University Press.
Dammer, H. (2011). Comparative Criminal Justice Systems. Belmont, CA: Wadsworth.
Hess, K. (2010). Criminal Investigation. Clifton Park, NY: Delmar Learning.
instant case are typical of many criminal cases presented to the courts on a daily basis and the role and responsibilities of the principals remain essentially the same. The prosecutor in the case has the primary duty to ensure that justice is done. This duty applies not only to the victim, but also applies as to the defendant. In the instant case this requires that the prosecutor make every effort to make sure that all parties responsible for the crime are properly prosecuted and that such prosecution is conducted fairly (Graham, 2005). The fact that the defendants apparently used a gun in the commission of the crime presents the prosecutor with a considerable problem relative to any plea bargain. If the defendants are charged with a gun specification, the prosecutor must determine whether or not to drop such specification as part of the plea negotiation. In light of the recent…
Bibas, S. (2004). Plea Bargaining Outside the Shadow of Trial. Harvard Law Review, 2463-2547.
Graham, B.L. (2005). Prosecutorial Ethics and Victim's Rights: The Prosecutor's Duty of Neutrality. Lewis & Clark Law Review, 559-579.
O'Hear, M.M. (2008). Plea Bargaining and Procedural Justice. Georgia Law Review, 407- 469.
Smith, A. (2003). The Difference in Criminal Defense and the Difference it Makes. Washington University Journal of Law & Policy, 83-140.
Manion himself finds it ironic that if he had caught Quill in the act and killed the rapist, he would have been exculpated from any guilt. The time lag between finding out about the crime and killing Quill seems like a mere technicality to the Lieutenant and morally justifies Manion's actions in his mind, even though he knows he murdered Quill according to the law.
According to the events presented as by Biegler, despite the fact that the Lieutenant was able to search for and find Quill, have enough presence of mind to arm himself, and then turn himself over to the authorities, he had obviously 'blacked out' during the commission of the crime, and had no recollection of the action. Biegler states to the jury that the Lieutenant "while he felt considerable loathing and contempt for the proprietor he had at no point has any intention of killing or…
Phelps, Shirelle. "Insanity Defense." Encyclopedia of Everyday Law. Gale Cengage, 2003.
eNotes.com. 2006. 23 May, 2010
http://www.enotes.com/everyday-law-encyclopedia / insanity-defense
Traver, Robert. Anatomy of a Murder. New York: St. Martin's, 2005.
Special Duties of Prosecutors
One of the major differentiating aspects of the United States of America is the fact that if arrested, you are innocent until proven guilty. This is a rare concept among legal systems. Most countries deem the suspect guilty until proven innocent. In the United States, it is the duty of the Prosecutor to find the defendant guilty, while the defense attorney is solely responsible for upholding his client's innocence. The prosecutor is seen in a special light by the public. Smith (2001) says that it is understood that prosecutors have the moral high ground, that they are the good guys and are on the "right" side. Prosecutors are representatives of the state and the government, in essence, the people. This responsibility gives the prosecutor a special light, almost making them seem noble, as they seek the truth and justice (Smith 2001). They prosecute villains, and seek…
Arenella Peter. (1979-1980). Reforming the Federal Grand Jury and the State Preliminary Hearing to Prevent Conviction without Adjudication. Mich. L. Rev. 78 507-509.
Cassidy, R., Michael. (1999-2000). Toward A More Independent Grand Jury: Recasting and Enforcing the Prosecutor's Duty to Disclose Exculpatory Evidence. Geo. J. Legal Ethics. 13 361-365
Drucker, E.M. (2013). A plague of prisons: The epidemiology of mass incarceration in America.
Smith Abbe. (2000-2001). Can You Be a Good Person and a Good Prosecutor?. Geo. J. Legal Ethics. 14, 355-400.
There is also ample evidence in the book that Smith is indeed severely unbalanced, if not an outright paranoid schizophrenic. During the trial, he notes of Herb Clutter, the patriarch of the family that Smith slaughtered on the same night he first met them, and whom he vaguely attempted to reassure as he tried to rob the man's house, "I wasn't kidding him. I didn't want to harm the man. I thought he was a very nice gentleman. Soft-spoken. I thought so right up to the moment I cut his throat" (Capote 244). This kind of statement shows the general mental and psychological state that Smith maintained during the crime and the trial, yet the judge would not let such evidence be presented and effectively asks for the death penalty in his final instructions to the jury, following the close of the defense's case. This case took only a day…
Rule: Any out-of-court statement offered to prove the truth of the matter asserted is generally inadmissible as hearsay. (801-802) However, hearsay may be admitted, in a prosecution for homicide or in a civil case, if the declarant, while believing the declarant's death to be imminent, made the statement about its cause or circumstances. (804(b)(2).
Application: Here, the defense attorney's objection is premised on the fact that the deceased Sam's statements are I inadmissible as hearsay, as an out-of-court statement by a person unavailable for trial, offered to prove that the other driver was driving on the wrong side of the road. However, Trooper Jones may offer this statement because it falls under the (804(b)(2) hearsay exception, as a statement in a civil case that the declarant made while his death was imminent.
Conclusion: The basis for the defense attorney's objection is hearsay because the deceased Sam's statement is an out-of-court…
Socratic Method of Questioning in "Inherit the ind."
It is a truism, repeated in many crime shows as well as by many lawyers, that a good lawyer never asks a question unless he or she knows the answer to the question, much like the famous Greek teacher and philosopher Socrates. The method of Socratic questioning is thus one in which the lawyer or the instructor professes ignorance of the topic under discussion in order to elicit an engaged dialogue with students or witnesses, with a directed answer or rhetorical destination in mind. The questioning person feigns ignorance about a given subject in order to elicit another person's fullest possible knowledge of the topic under scrutiny -- or lack of knowledge, in the case of the play "Inherit the ind."
In the play "Inherit the ind," the defense attorney Drummond seems to engage in an apparently risky tactic. Drummond calls the…
Lawrence, Jerome and Robert E. Lee. "Inherit the Wind." 1955.
"What is Socratic Questioning?" Science Education Resource Center at Carleton College. 2003. http://serc.carleton.edu/introgeo/socratic/second.html [1 June 2005]
ainwright v Gideon
In 1961, a man named Clarence Earl Gideon was arrested for stealing coins and alcohol from a Panama City, Florida, pool hall. He was a poor man and could not afford a lawyer. Following his conviction, he served five years in prison. During that time, he sent a handwritten letter to the Supreme Court in which he explained that he had been forced to fend for himself in court, without legal representation. Because of Mr. Gideon, the Supreme Court justices declared that criminal defendants have a right to legal aid (Gest). It was a right decision by the Supreme Court. The United States was founded on the principle that all men should be equal. By providing criminal defense to the poor, the court is leveling the playing field so that everyone receives the same fair treatment. Since crimes are committed disproportionately by the poor, the Supreme Court's…
Donaghue, Erin. "Defending Dzhokhar Tsarnaev: Renowned Attorney Judy Clarke Will Fight for Bombing Suspect's Life." CBS News. 2 May 2013. Web. Retrieved 7 May 2013 from http://www.cbsnews.com/8301-504083_162-57582573-504083/defending - dzhokhar-tsarnaev-renowned-attorney-judy-clarke-will-fight-for-bombing-suspects-life/
Gest, Ted. "One Poor Man's Legacy." U.S. News & World Report 114.11 (1993): n. pag. Web. 7 May 2013.
"The Right to Counsel." Sixth Amendment Center. N.p., 2013. Web. 07 May 2013. .
Staples, Robert. "White Power, Black Crime, and Racial Politics." Black Scholar 41.4 (2011): 31-41. Web. 7 May 2013.
arresting officer what crimes would you charge him with?
If one were the arresting officer, it appears as though the only charges that this individual could be charged with would be grand theft auto.
If you were the defense attorney what argument(s) in court do you make in court challenging the police stop of your client?
As the client's defense attorney, one area of defense that I would no doubt engage in, would be the civil rights violations that come attached to racial profiling. In this example, there is a very clear and very rampant violation occurring in that the driver of the care was being targeted as a potential suspect in this crime, based solely on the fact that he is of a Hispanic national origin. This practice is largely based on the belief that certain kinds of people commit certain types of crimes, which can cause the biased…
In the first place it is odd that the dispatcher did not have a better description of the vehicle that was reported stolen. And why would a young Hispanic male driving a late model "foreign car" -- in this case, a BM -- be a suspect, since the officer doesn't know a license number or make or model of the car? And how is it that when the officer has called in to check the license plate, by now the car has been identified as having been stolen? Needless to say this could have been construed as a racial profiling, and in some cases a defense attorney might try that angle, but that is not the most important element of this scenario. hat is considered important is what the defense lawyer will present in court, and how the prosecuting attorney will argue his case.
Facts of the Case
Findlaw.com. "Miranda Warnings and Police Questioning." Retrieved March 12, 2014, from http://criminal.findlaw.com . 2012.
Ohio Bar Association. "Police Must Give Miranda Warnings." Retrieved March 12, 2014, from http://www.ohiobar.org.
A fruit of the poisonous tree means any evidence that has been obtained through illegal manner. If a search of a home is conducted illegally and the murder weapon is found during that search the gun would be considered fruits of a poisonous tree because it was obtained by "dirty hands." And as fruits of the poisonous tree the defense would have a right to ask that the gun be banned from introduction as evidence.
If the entire trial is going to rest on evidence that the judge believes is fruits from a poisonous tree the judge may dismiss the entire case at that time.
If the evidence in question is allowed to be introduced at trial there are other ways to challenge it. If it is forensic evidence the defense can hire its own forensic experts who can testify that the testing done on the evidence may have been…
Duret, Daphne (2006) EVIDENCE to BE EXCLUDED in RAPE CASE
The Palm Beach Post;
Young, Cathy (2002) Excluded evidence: The dark side of rape shield laws.
A police officer's proven dishonesty is not a minor matter. Ignoring or covering up that dishonesty, if discovered, could be devastating to the police department's credibility. Furthermore, due to Due Process laws in the United States, his/her dishonesty could affect the outcome of past cases in which he/she testified and future cases in which he/she may testify. Finally, the prosecution is required to hand that information to defendants' attorneys. Simultaneously, the officer has served the department for 15 years with only 2 "bad" incidents. Handling this officer's proven dishonesty will require swift action that is fair to the department, the Prosecutor's office and this officer.
Decision: Remove The Officer From Active Duty And Offer Him An Alternate Departmental Job That ould Never Entail His Testimony In Court
You are the Chief of Police of a municipality. Your Deputy Chief of Police advises you that one of your…
Bernstein, C., & Woodward, B. (2012, June 8). Woodward ad Bernstein: 40 years after Watergate, Nixon was far worse than we thought. Retrieved on June 29, 2012 from www.washingtonpost.com Web site: http://www.washingtonpost.com/opinions/woodward-and-bernstein-40-years-after-watergate-nixon-was-far-worse-than-we-thought/2012/06/08/gJQAlsi0NV_story.html
Justia. (n.d.). Brady v. Maryland - 373 U.S. 83 (1963). Retrieved on June 29, 2012 from Supreme.justia.com Web site: http://supreme.justia.com/cases/federal/us/373/83/case.html
Justia. (n.d.). Giglio v. United States - 405 U.S. 150 (1972). Retrieved on June 29, 2012 from supreme.justia.com Web site: http://supreme.justia.com/cases/federal/us/405/150/case.html
Justia. (n.d.). United States v. Bagley - 473 U.S. 667 (1985). Retrieved on June 29, 2012 from supreme.justia.com Web site: http://supreme.justia.com/cases/federal/us/473/667/case.html
TV Criminal Procedure
Fluffy, unrealistic, demeaning, biased against the routine nature of many of the professional activities that can be expected if one chooses a criminal justice career: This is what reviewers of television shows on law enforcement and the courts of say. But time and again, Hollywood returns to these formats to give the public the chance to love and hate the pursuit of justice. There is probably no way around this because the ends and means of criminal justice will always be in conflict, and that can make for good entertainment.
For the most part police and law enforcement personnel get the best representation as pursuers of right and security, except for when there is a bad guy from these offices, in which case the shows demonstrate how these people hurt their fellow good guys. Somewhat of a change has occurred by the making of more entertaining defense…
Admin (2011). Are criminal justice TV shows full of fluff? A one-sided depiction of criminal justice careers. Viewable at http://www.uscollegesearch.org/blog/resource-articles/criminal-justice-info/are-criminal-justice-tv-shows-full-of-fluff.
Weyenburg, M. (2011). 25 Best & Worst Legal TV Shows. Law School Podcaster: Your guide to law school. Viewable at http://www.lawschoolpodcaster.com/2011/05/27/25-best-worst-legal-tv-shows/
Twelve ESL learners who participated subsequently found that participating in text-based online chat rooms promoted a noticeable difference in their face-to-face conversations, particularly in noticing their own linguistic mistakes.
Psychologists stress little if any learning occurs without attention. "Text-based online chat, a particular form of synchronous computer-mediated communication (CMC) involving written oral-like conversation, has the great potential of increasing noticing for two reasons:
1. Compared to face-to-face conversations, CMC allows conversations to flow at slower speeds than face-to-face; consequently permitting "speakers" to have longer times to process receiving and producing the target language.
2. CMC can save texts (previous messages) in format that users may later access. (Lai and Zhao)
The following copy of "ESL Online Talk Community" illustrates concept Lai and Zhao present.
Practice makes perfect, but many ESL students do not have opportunities to practice speaking English. This Website is trying to establish an online community to enable…
4. Anderson, B. (1983). Imagined Communities: Reflections on the Origin and Spread of Nationalism. London: Verso.
The killing of the two black American young men Amadou Diallo and Louima were separated by about two years but Amadou's killing happened just before the trial of Louima's case. Amadou's killing drew a lot of public interest that was focused on the conduct of the New York Police. It was the only such heated debate since the Knapp commission of the 70s which disclosed corruption in the police department. Amadou was from a middle class family that migrated from Guinea. They were engaged in simple trade activities including selling items on the streets. Amadou was shot 41 times in his apartment house in Bronx. His life was brought to an end by a special crimes unit of a group of four policemen operating under cover. It is a New York born strategy for combating aggressive crime (Harring & Ray, 1999). There is no doubt that a crime was indeed…
People of the State of California v. Conrad obert Murray
The involuntary manslaughter trial of Michael Jackson's personal doctor, Conrad Murray, was in the news seemingly every day for months. Even though the trial has concluded and the world knows that Dr. Murray was found guilty, it is important to look at the court proceedings and how the evidence led the jury to that verdict. Dr. Murray administered a powerful drug called propofol - an anesthesia drug that is only supposed to be used in closely monitored hospital settings - to Michael Jackson to help him sleep.
The argument by the prosecution was that Dr. Murray did this even though he knew the dangers, and that he administered too much of the drug to Jackson, resulting in a fatal overdose. At that point, Murray did not act quickly enough in calling the paramedics and did not do enough to save…
Kepner v. United States, 195 U.S. 100 (1904).
Neubauer, D.W. & Fradella, H.F. (2010). America's courts and the criminal justice system, 10th ed. New York: Wadsworth.
People v. Broussard, 76 Cal.App.3d 193, 197 (1977).
Every day, our police officers put their lives on the line to defend law-abiding citizens. It is imperative that a police officer's judgment is trusted, so officers can with full confidence perform their duties and know that they will not be 'second-guessed' when they act in good faith. In this instance, the officer was pursuing a suspect who was apparently armed and dangerous. Given the circumstances of the situation, it was reasonable for him to believe that the suspect was holding a gun. The suspect was behaving in an aggressive and threatening manner. The officer in question did not 'shoot to kill,' but shot to disarm the suspect instead. He had a responsibility not only to his own safety but to preserve the safety of his fellow officers and the safety of the community, as part of his duties.
In this instance, it was fortunate that the officer…
Deadly force. (1998). West's Encyclopedia of American Law. Retrieved:
I would not ask for jail time because I don't feel it would serve any beneficial purpose in this case since the Defendant is not a danger to society.
If the defense counsel indicated that they were interested in entering into a plea bargain, I would most definitely be open to the suggestion. The minimal plea I would be willing to accept would be a suspended sentence with probation. Under such an agreement the Defendant would be found guilty of the charge and sentenced to pay a certain amount in fines. However, the Defendant will not have to pay this fine so long she stays out of criminal trouble. I feel this offer is a positive resolution to this matter because it essentially empowers the Defendant and makes them responsible for their punishment.
As indicated by my potential approaches to this matter, from both a defense and prosecutor's side, it…
Criminal Justice System
Most Important Change Needed
Personal Statement Essay
I appreciate this opportunity to tell you a little bit about myself, my career aspirations, my educational plans, and what admission to the Master of Criminal Justice Program at the New Mexico State University would mean to me. For as long as I can remember, I have been interested in a career in criminal justice. When I was a younger, I wanted to work for the Federal Bureau of Investigation (FBI); however, that window of opportunity has now been closed by my age. Nevertheless, my career goals are to work as a probation officer and teach Criminology at a community college. To accomplish this, I hope to spend the next two years earning a graduate degree at Mexico State University.
When I graduated from high school, I wanted to go directly into college; however, a number of factors precluded this…
Death Penalty in Michigan
There are, at present, 38 states with the death penalty and 12 without (deathpenaltyinfo.org 2004). Michigan is one of the 12. From 1976, there have been 906 executions in the U.S.: 517 were white, 310 blacks; 57 hispanic; and 22, other races. More than 80% of these cases involved white victims, although only 50% of murder victims were white. Case studies on race showed that 96% had racial undertones, whereby 98% of the chief district attorneys were white and only 1% were black. Another study conducted in Philadelphia revealed that more blacks were given the death penalty than white and other races at 38%. Still another study conducted in North Carolina said that the death sentence went up by 3.5 times when the victims were white (deathpenaltyinfo.org). Records show that 37 states with the death penalty used lethal injection method in 739 executions, 151 by electrocution,…
J. Simpson or John Gotti. In both cases, the defendants are entitled to the presumption of innocence only in court; but there is no such "presumption" in the intellectual "court" of one's mind.
A lawyer with integrity would refuse to represent any defendant he believed was probably guilty of horrendous crimes and simply let that defendant be represented by a court-appointed attorney who is obligated by law to represent any defendant who cannot afford a private attorney. If all criminal defense lawyers had high personal ethical standards, the Simpsons and Gottis of the world would find it impossible to retain any defense counsel other than those obligated by law to take their cases.
4. Define and briefly explain ethical dilemma. Of the four categories of dilemmas: discretion, duty, honesty and loyalty, which one applies best to the following situations? Explain your rationale. Also, explain how an officer might analyze the…
Competency to Stand Trial
DRAWING THE LINE
At any point in criminal proceedings that a defendant shows signs of mental illness, his competence to proceed to stand trial may be questioned (Winick, 2002). The issue may be brought up when he pleads guilty, waives certain constitutional rights, at sentencing hearing or when administering punishment, including capital punishment. Either the defense or prosecution or the court itself may raise the issue, even if the defendant himself objects to it. ut mental illness alone, even schizophrenia, does not automatically produce a finding of incompetence. Rather, it is based on the degree of functional damage produced by the illness. Two conditions must be satisfied in order to be adjudged incompetent to stand trial. It focuses on the defendant's mental state during trial. It is differentiated from the legal insanity defense, which is based on the defendant's mental state at the time of the…
Felthous, A.R. (2011). Competence to stand trial should require rational understanding.
Vol. 39 # 1, Journal of American Academy of Psychiatry and the Law: American
Academy of Psychiatry and the Law. Retrieved on April 27, 2013 from http://www.jaaph.org/content/36/4/583.full
Justia (2006). Disposition of the un-restorably incompetent defendant. Justia U.S. Law:
At which point, the attorney could face ethics charges because of this ethical conflict. To prevent such situations from occurring, it is advisable that all attorneys become passionately involved in their clients cases. This will ensure that they are always following the most ethical standards, by looking out for their client's best interests first. These points are significant, because the literature that was reviewed highlights the challenges that all attorneys are constantly grappling with, in regards to the issue of ethics. In some cases, the attorney may not be aware that they are in violation of an ethical standard, because of the delusion of impunity that exists. As a result, those attorneys who are constantly aware of the role that their ethics will play in this field will avoid such issues. This is why it is imperative that all attorneys understand their ethics, so that they can augment them to…
Graham, R. (2004 ). Legal Ethics. Toronto, on: Montgomery.
Luban, D. (1999). Reason and Passion in Legal Ethics. Stanford Law Review. 51 (9), 122 -- 129.
Rhode, D. (2000). Ethics in Practice. New York, NY: Oxford University Press.
Rubin, P. (1994). The Changing Role of Lawyers in Changing the Law. Journal of Legal Studies, 23 (2), 807 -- 831.
Murder Trial of Nicholas Lindsey, March 2012
Factual and Procedural Background
On the evening of February 21, 2011, Police Officer David Crawford of the St. Petersburg, Florida police department was fatally shot while investigating a report of a suspicious person or prowler in a residential neighborhood. After a 24-hour search expedition, police arrested and booked 16-year-old Nicolas Lindsey on charges of first-degree murder. Lindsey confessed to the killing in a taped statement to police shortly thereafter.[footnoteRef:-1] [-1: http://articles.cnn.com/2011-02-23/justice/florida.officer.shot_1_police-officer-fatal-shooting-petersburg-police-maj?_s=PM:CRIME]
Lindsey was arraigned in court the next day, and the judge ordered that he be held in custody without bail. A grand jury which convened the following week indicted Lindsey on first-degree murder of a police officer, whereupon the state Attorney General charged Lindsey as an adult based on the seriousness of the offense and that he was over age 14.
Jury selection began on March 19, 2012 and the jury heard…
While black men can be incredibly diverse-looking, she may focus on those features that tend to differentiate them from white men. This is a risk in any cross-racial identification, where someone may notice differences from their own ethnic group, but fail to look beyond those features that stand out as "other" in his mind, which makes any person in that racial group a possible suspect.
In fact, it is impossible to overplay the role that misidentification has played in so many wrongful convictions. It is difficult for many people to realize that DNA evidence did not play a role in older convictions; the technology simply was not available. Furthermore, when DNA evidence first became available, it was a new technology that was not fully understood by all of the actors in the criminal justice system. In those early times, there were investigators, prosecutors, and fact finders who would believe a…
Innocence Project. (2011, October 21). New Orleans man wrongfully incarcerated for 30 years exonerated of rape that new DNA evidence proves he didn't commit. Retrieved from http://www.innocenceproject.org/Content/New_Orleans_Man_Wrongly_Incarcerated_for_30_Years_Exonerated_of_Rape_that_New_DNA_Evidence_Proves_He_Didnt_Commit.php
Injustice in the Supreme Court
Gideon v. Wainwright
This was a case where Gideon was a defendant and was denied the right to have a counsel defending him because he was not charged with a capital offense. The Florida court argued that the court was only obliged to provide him with a counsel if he was charged with a capital offense. However, upon taking the case to the Supreme Court, it was determined that every citizen was entitled to a counsel who would defend him against prosecution. The argument is that justice cannot be achieved without providing the defendant with the right to a fair hearing. On the same note, it is the right of the courts to ensure that even those who are unable to pay a legal counsel to defend them are provided with a public defendant who will ensure that their interests are taken care of (Blount,…
Legal Concept of elevant Evidence
Brady v. Maryland, 373 U.S. 83 (1963)
Facts: Defendants Brady and Boblit were convicted of murder by the state of Maryland, with Brady admitting participation in the crime but stating that Boblit committed the actual act of killing the victim. Boblit confirmed this fact in a written statement recording his personal confession, but during the criminal proceedings prosecutors elected to withhold Boblit's confession from the court, as well as from Brady and his attorney. Upon being convicted of the murder, Brady challenged the decision on the basis of potential violations of the Fourteenth Amendment, which guarantees those accused of criminal conduct the right to due process. The Maryland Court of Appeals affirmed Brady's conviction, but remanded the case for retrial to reassess the question of punishment.
Issues: The prosecution's choice to withhold Boblit's written confession irrevocably altered the sentencing process for Brady, as the court…
Brady v. Maryland, 373 U.S. 83 (1963)
If you laid all of the lawyers in the world, end to end, on the equator - It would be a good idea to just leave them there. -Unknown
Ah yes, the lawyer -- the bane of civilized society as we know it -- the definition of self serving duplicity, concerned with the almighty dollar far more than facilitating the wheels of justice in their ever-toiling task. Indeed, the lawyer has come to represent all that is wrong in American society, from dishonesty to abject greed.
Even for my mother, kind hearted and trusting as she is, a visit to an attorney, or worse, a visit from an attorney, was cause for significant distress, distrust, and outright fear -- after all, she hardly had good experiences with the her attorney.
Again and again, as parents will often do, my mother would tell my sister and I…
Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole a wide explanation to the Commerce Clause authority, allowing Congress to create a federal offense of many widespread law crimes such as kidnapping or murder if state outline are fractious during commission of the crime and such as misappropriation and blackmail using instrumentalities of trade such as telephone lines or the U.S. post. Examples of offenses that are based on regions owned by or under the restricted power of the federal government contain crimes committed in the District of Columbia, in U.S. Territories, in U.S. National Parks, in federal courthouses and federal jails plus on board airplanes and ocean going ships. The United States armed force has its own immoral justice system applicable to its members, but civilians might be accused…
Wolfgang, Marvin (1990). Crime and Punishment in Renaissance Florence. Journal of Criminal Law and Criminology. Retrieved on January 11, 2008.
Schmalleger, Frank (2001). Criminal Justice: A Brief Introduction. Prentice Hall. Retrieved on January 11, 2008.
Cornell University Law School. Bill of Rights from Cornell University Law School. Retrieved on January 11, 2008.
Nicholas J. Szabo. (2006). Jurisdiction as Property: Franchise Jurisdiction from Henry III to James I. Retrieved on January 11, 2008 at http://szabo.best.vwh.net/JurisdictionAsProperty.pdf
While this opinion might be considered unpopular, the reality is that these repetitive stops are reasonable. These repetitive stops represent a phenomenon known as criminal profiling. Criminal profiling is done simply because it does catch criminals. For example, criminal profiling was precisely what helped police investigators catch a criminal known as George Metesky, a bomber who had eluded the police for over 15 years. The frustrated police force asked investigator James Brussel (the assistant commissioner of mental hygiene) to come up with a detail description of the subject based on crime scene photos, notes, and other details provided. Brussel came up with the following description of the subject: "He would be unmarried, foreign, self-educated, in his 50s, living in Connecticut, paranoid and with a vendetta against Con Edison -- the first bomb had targeted the power company's 67th street headquarters" (Winerman, 2004). As experts do admit,…
Belkin, L. (1990, March 20). Airport Drug Efforts Snaring Innocents Who Fit 'Profiles'. Retrieved from NYTimes.com: http://www.nytimes.com/1990/03/20/us/airport-drug-efforts-snaring-innocents-who-fit-profiles.html?pagewanted=all&src=pm
Bruce, B. (2012, April 17). Muslim Woman Forced To Remove Headscarf In Jail. Retrieved from Fox2now.com: http://fox2now.com/2012/04/17/muslim-woman-forced-to-remove-headscarf-in-jail/
Debatewise.org. (2013). The Police Should Use Racial Profiling To Tackle The Problems Of Illegal Immigration. Retrieved from Debatewise.org: http://debatewise.org/debates/2242-the-police-should-use-racial-profiling-to-tackle-the-problems-of-illegal-immigration/
Goyette, B. (2010, October 7). Racial Profiling Is Ineffective and Wrong, So Why Does It Keep Happening? Retrieved from genprogress.org: http://genprogress.org/voices/2010/10/07/15828/racial-profiling-is-ineffective-and-wrong-so-why-does-it-keep-happenin/
Padilla v. Kentucky: Implications for U.S. Immigration
This paper provides a review of the relevant literature concerning the case, Padilla v. Kentucky,[footnoteef:1] discussing citizenship, and similar predicaments in other countries. It is this paper's thesis that the decision in Padilla has significant implications for defense lawyers who must now become familiar with the complexities of immigration law or retain counsel to assist them in this area. Established in Strickland v. Washington, the test for ineffective assistance of counsel is comprised of two parts: (1) defendants must first show that their counsel was constitutionally deficient and (2) show that the deficiency prejudiced the result of their case.[footnoteef:2] In addition, cases involving guilty pleas require defendants to demonstrate that in the absence of deficient counsel, they would have insisted on a trial.[footnoteef:3] Furthermore, defendants also enjoy the Due Process Clause protections that require judges and defendants to engage in a conversation concerning…
Atkins, K. (2010). Defense Counsel's Duty to Warn About . . . Everything? Lawyers Weekly USA, November 8.
Borden, Jeremy Immigrants Take Guilty Pleas without Lawyers, Face Deportation, Pittsburgh Post-Gazette, A-6, (February 3, 2013).
Brief for States of Louisiana et al. 2009: 9; Padilla v. Kentucky.
Brink, Malia A Gauntlet Thrown: The Transformative Potential of Padilla V. Kentucky. 39 Fordham Urban Law 1, 39 (November 2011).
A good example is the 1985 murder of convenience store clerk Cynthia Barlieb, whose murder was prosecuted by a district attorney bent on securing execution for Barlieb's killer (Pompeilo 2005). The original trial and all the subsequent appeals forced Barlieb's family, including four young daughters, to spend 17 years in the legal process - her oldest daughter was 8 years old when Cynthia was first shot, and 25 when the process ended without a death sentence (Pompelio 2005). During those 17 years, Cynthia Barlieb's family was forced to repeatedly relive her murder.
hen a person is murdered, it is understandable that American society demands justice, particularly on behalf of the victim's family and loved ones. But we can not advocate capital punishment under the guise of protecting the interests of victims' families, and then cut those members out of the process when they do not support the death penalty. and,…
American Civil Liberties Union (2002). "ACLU Praises Supreme Court Refusal of 'Sleeping Lawyer' Case as 'Acknowledgment and Reminder' of Death Penalty Problems." Retrieved Sept. 30, 2006 at http://www.aclu.org/capital/unequal/10466prs20020603.html .
American Civil Liberties Union (2002). "DNA testing and the death penalty." Retrieved Oct. 1, 2006 at http://www.aclu.org/capital/innocence/10392pub20020626.html .
Amnesty International (2006). "Death penalty." Retrieved Sept. 30, 2006 at http://www.amnestyusa.org/abolish/index.do .
Antonio, Michael E. (2006). "Arbitrariness and the death penalty: how the defendant's appearance during trial influences capital jurors' punishment decision." Behavioral Sciences & the Law. March 2006.Vol.24, Iss. 2.
Small usiness' Need for a CPA
One of the critical investments a small business can make to mitigate loss and risk is hiring a CPA and putting that CPA on the 'management team.' As Wells notes in his groundbreaking research, "Denise, a bookkeeper for a small trucking firm in irmingham, Alabama, wishes she had never heard of Ralph Summerford, CPA. ecause of his thoroughness, Denise is facing several years in prison for embezzling $550,000 from her employer. At least she will look good standing before the sentencing judge: Denise spent a great deal of her illegal loot on head-to-toe cosmetic surgery. She blew the rest on a shiny new Lexus, luxury vacations, clothing and jewelry. And, of course, Denise had to have a big house to store all of her finery." (Wells, 2003)
Surprisingly, it was not at all the fancy standard of living that made her employer suspicious. "The…
Wells, Joseph. 2003. Protect small business: small companies without adequate internal controls need CPAs to help them minimize fraud risk. Journal of Accountancy.
Small Business Administration. 2005. www.sba.gov.
Federal Reserve Bank. 2004. www.federalreserve.gov.
AICPA. 2005. At www.aicpa.org/antifraud/training/homepage/htm.
Jessup shows contempt for the entire process from the time he arrives in the court, fully in keeping with his messianic belief in his own superiority and his role in protecting the country at all costs. He has no respect for the defense attorneys, as might be expected, but also none for the prosecutor or the judges in the court. His ethical standards are based entirely on a vision of himself as arbiter of all right and wrong, and he believes he did nothing wrong because he believes he can do no wrong. Jus because he saw a need, any decision he makes is necessarily right. He also does not recognize any higher authority, which is what a court certainly is, and when he is forced to admit his own actions, he still sees himself as right and those who have forced him to tell the truth as the real…
Thomason (2005). Ethics in Crime and Justice. Provided. No publication data.
Eyewitness Memory and Identification
• Should eyewitness memory factors be taken into the consideration when making a plea bargaining decision in the courtroom?
Evidence has revealed that eyewitness memory can affect identification. This is because DNA has overturned more than 70% of eyewitness identifications.
• Age, race, and alcohol intoxication of eyewitness are the major factors affecting the eyewitness identification in the United States legal system.
The independent variables are age, race and alcohol intoxication, while the dependent variable is the eyewitness identifications. Thus, the independent variables can affect the dependent variables in the sense that older adults and children often face challenges in recollecting events thereby likely to make an eyewitness misidentification. People who are intoxicated with alcohol are more likely to incorrectly identify someone in a lineup or in court. Moreover, an eyewitness is likely to make a bias towards other ethnic groups thereby giving false eyewitness identifications.…
Pezdek, K. (2016). Influence of Eyewitness Memory Factors on Plea Bargaining Decisions by Prosecution and Defense Attorneys in California, 2010-2011. ICPSR32181-v1. Ann Arbor, MI: Inter-university Consortium for Political and Social Research [distributor], 2012-07-31. http://doi.org/10.3886/ICPSR32181.v1
Twelve Angry Men
Courts and procedures in the film version of Twelve Angry Men (1957).
The title of the film Twelve Angry Men (1957) is somewhat misleading: there are actually eleven angry men depicted in the film and one rational man who is capable of seeing the facts. The classic courtroom drama depicts twelve male jurors who have recently heard a trial where a young Puerto ican boy stands accused of the murder of his father. At the beginning of the film, all of the jurors (and the weary judge) seem resolved to convict the defendant. They believe the case is open and shut. The one exception is a single juror who refuses, based upon his belief that when a man's life is at stake, no decision can be made lightly. The movie (actually a filmed stage play, given its static nature) dramatizes how the other jurors come…
D'Angelo, M. (2012). Did Twelve Angry Men get it wrong? The AV Club. Retrieved from:
Ebert, R. (2002). Twelve Angry Men. Retrieved from:
victims and defendants rights extended by the Criminal Justice System. Followed by introduction is the comparison of both sides detailing the rights of victims and defendants by the Criminal Justice System. Conclusion given at the end shows that the Criminal Justice System has more rights to the defendants; however, rights for victims are also increasing in several states.
It has been during the last two decades that the rights of crime victims started to be known in the law. Earlier, none of the crime victims had rights during the criminal justice process. For example, they did not have any right that could notify them of court trial or the arrest or release of the defendant. Further to that they had no right to be presented during the trial or other hearings, or to make a statement to the court at sentencing or at other proceedings (Emmet County).
But now, nations…
Emmet County. Prosecuting Attorney: Crime Victim Rights / Witness Assistance. www.co.emmet.mi.us
National Center for Victims of Crime. (1998). Rights of Crime Victims. FYI.
National Center for Victims of Crime. (1999). Constitutional Rights for Crime Victims. FYI.
Philip L. Reichel (2001). Comparative Criminal Justice Systems: A Topical Approach.
Global Criminology: Similarities and Differences Between Adversarial and Inquisitorial Justice Systems
Similarities and Differences between Adversarial and Inquisitorial Justice Systems: Global Criminology
Every country uses fundamental rules and procedures to ensure fairness and justice in its legal system. The effectiveness of any legal system is assessed based on how well it facilitates truth-finding, efficiency, and fairness. This text assesses the effectiveness of adversarial and inquisitorial justice systems to determine which one would be more effective in fighting global crime.
Similarities and Differences between Adversarial and Inquisitorial justice systems
Every country uses fundamental rules and procedures to ensure fairness and justice in its legal system. Based on these rules, a country can be termed as either adversarial or inquisitorial. Experts have given diverse views on the effectiveness of either system in achieving the aims of a country's legal traditions. This insight is crucial for the interpretation of the Constitution, as well…
Ambos, K. (2003). International Criminal Procedure: Adversarial, Inquisitorial or Mixed? International Criminal Law Review, 3(1), 1-37.
Dakolias, M. (2014). Court Performance around the World: A Comparative Perspective. Yale Human Rights and Development Journal, 2(1), 87-144.
Dammer, H. R., Fairchild, E. & Albanese, S. J. (2006). Comparative Criminal Justice System. Belmont, CA: Wadsworth/Thompson Learning.
Doak, J., McGourlay, C. & Thomas, M. (2015). Evidence in Context (4th ed.). Third Avenue, NY: Routledge.
Criminal Process; Arraignment to Pre-Trial
The purpose of criminal law is to promote respect for the law by people and ensure a just, safe, and peaceful society. The American justice system has many commendable elements that are aligned to the objectives of a justice system. The trial system significantly addresses many point of subtlety and does a great job in its effort to uphold the rule of law. In the effort to deliver justice, it is important that the rights of the defendant be uphold. This paper seeks to shed light on three stages before the process of criminal trial, and how the rights of the defendant are catered for in each of the stages before trial commences. These stages include the information, arraignment and the subsequent hearings at pretrial.
The stage that precedes and leads to trial in a criminal case is called arraignment. Arraignment must be done…