...Prosecution versus Defense University of Phoenix CJS/220 Patricia Brickhouse Lacey Martz December 11, 2011 In many ways, when it comes to comparing defense counsel to prosecution there are several similarities. The role is very different, but they are both considered to defending individuals. The prosecution role is to protect the people, the victims by putting their cases together with the mind frame of keeping justice fair. This is a must, to maintain what we want and need as a civilized society. While protecting the individuals or parties their innocents they must prove the guilty is guilty. Prosecutors can do this by taking a fair chance of embarrassing the individuals just to find the truth, as long as personal feelings do not interfere. Where with the defense attorney, are the ones that protect our rights when we have been accused of an action? They make sure that the legal rights are fair so that the client is not prosecuted unjustly or even falsely tried. Defense attorneys are not well trained for the all the verities of cases that must be hard. When a case is failed the defense attorney takes the chance to open another door to set another date for another hearing or even send the guilty to the death sentence. Each lawyer, the prosecutor and the defense attorney does the same job within our society and that is to protect our people whether they are innocent or guilty. The individuals give our protectors in the court room an opportunity to fight for...
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...Dallas attorney Clark Birdsall of the Law Office of Clark Birdsall is the attorney you want on your side when facing a criminal charge. Clark’s history as a prosecutor gives him unique insight into the mind of his opponents. He personally left the prosecution side to become a defense attorney for the sole purpose of righting the injustices he saw in the courtroom on a regular basis. He felt many people were treated unfairly when being tried for a crime. This injustice created a fire within him to change sides and begin fighting for those facing criminal charges. The following is more information about Clark Birdsall and why you need him on your side when facing a criminal charge: Accomplishments of Clark Birdsall: Clark has practiced law for...
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...| A Review of the Literature: Plea Bargaining and Ethics in the Criminal Justice System | | | Plea bargaining is a significant portion of today’s criminal justice system. As Chief Justice Burger stated, “The disposition of criminal charges by agreement between the prosecutor and the accused, sometimes loosely called ‘plea bargaining,’ is an essential component of the administration of justice. Properly administered, it is to be encouraged” (Santobello v. New York, 1971). The practice of plea bargaining has generated thoughtful ethical debate with effective arguments on both sides. Prior to offering an opinion, an understanding and comparison of the points of view regarding its use along with the purpose, types, and effects of plea bargaining must take place. A plea bargain is a criminal case pact wherein one side offers sentence prearrangement to the other in return for a guilty plea (Bikel, 2004). This permits those who have been suspected of serious criminal acts the opportunity to considerably lessen the charges and escape a more severe penalty. The prosecuting attorney will usually bargain this, or the initial charge will endure with a recommendation for a lighter punishment. With these forms of inducements, the courts save time and money swiftly and efficiently (Feješ, 2012). A plea bargain can be introduced by either the prosecuting or defense counsel with both sides negotiating throughout the process. This practice can be swift or entail...
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...from our own foreknowing founding fathers. The founding fathers knew what would happen to average citizens if the government got too much power. There are warnings/restrictions set in place by our constitution. The other part comes from how advanced of a society the U.S. is in the world today. Third world countries have no notion of due process, rights or a criminal justice system. In this paper today we will discuss challenges that face defense attorneys. We will see how balancing family demands competes with having law practice viability. We will see how personal integrity and professionalism correlate. We will look at how zealously advocating for rights of the...
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...Defender. Since leaving the State Attorney’s Office to further my career as a defense attorney, I zealously advocated for every one of my clients at every stage of representation. As you move forward, you will need attorneys to fill key positions in your organization. I will discuss in detail my key accomplishments that make me a perfect candidate for one of these positions. Trials Since starting at the Public Defender’s office in August I have focused on trials. In a little over three months I conducted seven jury trials. As you know, this is well above average for the office. The average Assistant Public Defender in this circuit averages one trial per quarter. My trial performance is exceptional in another respect, each of these seven trials resulted in a not guilty jury verdict. I obtained diverse trial experience as the charges at each trial were different. I defended against resisting arrest, fraud and theft, driving crimes, as well as violent crimes. The defenses presented at trial were also varied, from an alibi defense, to an identification defense and to just pulling a rabbit out of the hat. As you know, I also have experience as a prosecutor. I have prosecuted over a dozen cases at trial. Although I can’t say that I am undefeated as a prosecutor, I have learned a great deal from these trials. This experience will help me prepare powerful defenses for our clients. Trials experience serves a key component of any legal defense organization. I stand ready...
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...History of Ethics: 1908 – Canon of Ethics 1969-70 Model Code 3 parts: 1. ethical considerations → what lawyers should do. 2. disciplinary rules → what lawyers must do. good 3. BAR _______________ acceptable set minimum conduct bad 1983 – Model Rules – most states follow. Set forth rules & comments akin to DR (set forth minimum conduct acceptable) 2000 – Ethics 2000 Commission ▪ California Rules of Professional Conduct – the only state to reject the ABA’s model rules or code. ▪ Ethics are governed by the highest court in the profession, not the legislature ▪ Vast majority of states, state bars (looking to ABA rules, not CA though) come up with the rules. 1. Licensing and Bar Admissions ▪ Regulated by the states. Most jurisdictions have chosen to test as a means of acceptance to the bar. ▪ Residency Requirement: 1. Out of State Residents - May the state discriminate against who gets into the BAR on the basis of residency? No. Supreme Ct v. Piper – woman applied to NH bar, lives 400 yards from NH border & application denied. Piper was admitted despite the state’s claims that non-residents were less likely to be familiar w/ local rules, lawyers not living in NH can’t be trusted, and out of state lawyers are less available for in state proceedings. Rule: State bar cannot discriminate on the basis of residency. 2. Geographical Restriction – some states permit waiver of the bar exam – ex: if...
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...SERVICES/CONSULTING Hone your skills to increase your success on the witness stand, So You Want to Be an Expert Witness D. L A R R Y C R U M B L E Y A N D K E I T H A . R U S S E L L eing able to deal with the unexpected is a key part of performing well as an expert witness and a challenge that some CPAs find exhilarating. Increasingly, forensic accountants are being called as expert witnesses to help sort out the labyrinthine financial aspects of litigation involving complex issues and large sums of money. In open court these advisers submit to scrutiny from a judge, the jury, attorneys, court personnel and trial spectators. CPAs who keep their cool and convey concise, cogent information—whether in depositions or under an opposing attorney's attempts to discredit their testimonies—can have a pivotal impact on a conflict's resolution as well as the satisfaction of helping a client win (see "Basic Legal Concepts," page 33). Here are some suggestions on how to increase your positive impact on behalf of your client. PREPAREDNESS IS THE KEY Juries, judges and arbitration panels charged with resolving disputes with tlnanciai aspects often know little about financial statement analyses, audits, tax, budgeting or malpractice calculation ot lost profits and damages. To help triers of fact understand the impact of different types of financial transactions or attach a measurable value to a plaintiffs injury CPAs often are called on to serve as expert witnesses. If you want to develop...
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...Ethics and Professional Responsibility Study Unit By Michael Wilson, Esq. Reviewed By Brian Bastyr, Esq. About the Author Michael Wilson is a freelance writer and college instructor who has had wide legal and educational experience. He graduated with his Bachelor of Arts degree in English from the University of Kentucky in 1976 and three years later received his law degree from the same school. He has been a partner in a law firm, a solo practitioner, and has done work in General and Family Mediation. He has also been a fulltime instructor in Paralegal Studies at Sullivan College, Lexington, KY, where he has taught such classes as Legal Research, Advanced Legal Writing and Appellate Practice, and Wills and Estates. He was given the “Teacher of the Year” award in 1997. Mr. Wilson has also had a number of papers published on legal topics in both scholarly and popular journals. About the Reviewer Brian Bastyr is a senior attorney editor for West Group, a legal publishing company. He earned a bachelor’s degree at the University of Illinois, and a Juris Doctor from the University of Illinois College of Law. He is currently a member of the Illinois bar, and has published a number of articles in legal journals. All terms mentioned in this text that are known to be trademarks or service marks have been appropriately capitalized. Use of a term in this text should not be regarded as affecting the validity of any trademark or service...
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...that area. A. The Special Need For Undercover Operations against Lawyers and Judges There is surely no need to belabor the importance of integrity in the administration of justice, or the necessity to pursue any corruption vigorously. At the same time, we must recognize that undercover operations directed against lawyers and judges, if inadequately controlled, could have an even more severe impact on the administration of justice than whatever corruption exists. 1 . Monroe H. Freedman is Professor of Law and former Dean of Hofstra University Law School. He has testified on several occasions before the Judiciary Committees of the United States Senate and House of Representatives, and has qualified as an expert witness on lawyers' ethics in federal and state proceedings,...
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...DUTIES TO CLIENT Fiduciary Duty Attorney Must place the client’s interests above their own for representation and must treat the client fairly. Duty of Loyalty Attorney must pursue clients objectives unfettered by conflicting responsibilities or interests Duty of Diligence Attorney must pursue clients interests without undue delay Duty of Competence Attorney must give client competent representation legal knowledge, skill thoroughness and preparation Duty of Confidentiality from the 6th Amendment Right to Effective Counsel Duty of Confidentiality versus Attorney-Client Privilege The Attorney Client privilege is a shield in evidence which protects all documents created for the client during discovery....if a third party is present the privilege is lost. Work-Product Doctrine this extends to memorializations of conversations with 3rd parties, but not the actual conversations themselves. Anything produced/recorded in the process of and bearing on the legal representation of a client is protected (e.g. interviews, artifacts, documents, mental impressions...meaning ideas/thoughts, etc) POLICY: We want attorneys to record their impressions so they can have more sophisticated representation, therefore we protect it. BUT, if your opponent can show a substantial need for the material AND they show that they cannot get it in any other way....then you have to hand it over. The attorney-client privilege is thus stronger than work product (because WP can be...
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...03-Banks.qxd 1/30/04 4:52 PM Page 57 3 Racial Discrimination in the Criminal Justice System ETHICAL BACKGROUND It is generally agreed that discrimination based on ethnic origin is morally wrong and a violation of the principle of equality. The equality principle requires that those who are equal be treated equally based on similarities, and that race is not a relevant consideration in that assessment (May and Sharratt 1994: 317). In other words, it is only possible to justify treating people differently if there exists some factual difference between them that justifies such difference in treatment (Rachels 1999: 94). Equality is a nonspecific term that means nothing until applied to a particular context. Thus, in a political context, equality means equal access to public office and equal treatment under the law, and equal treatment extends to equality in terms of job hiring, promotion, and pay. Race refers to groups of persons who are relatively alike in their biological inheritance and are distinct from other groups (American Anthropological Association 1997: 2). Ethnicity is a cultural phenomenon referring to a person’s identification with a particular cultural group (Hinman 1998: 403). Race is socially constructed, and the notion that persons “belong” to a particular race was developed in the last century based on the belief that there was a biological basis for categorizing groups of people. Biologically, however, the term race has no meaning, yet society...
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...TB0245 Andreas Schotter Mary Teagarden Blood Bananas: Chiquita in Colombia No one laughs at the banana in its areas of origin. It is too serious a business, on which jobs and lives depend. Peter Chapman, Author of Jungle Capitalists. For Chiquita Brands International, a pioneer in the globalization of the banana industry, bananas are not only serious business, they represent an array of economic, social, environmental, political, and legal hassles. Since its founding more than a hundred years ago as United Fruit Company, Chiquita has been involved in paying bribes to Latin American government officials in exchange for preferential treatment, encouraging or supporting U.S. coups against smaller nations, putting in place dictatorships in Central America’s “banana republics,” exploiting local workers, creating an abusive monopoly, and now doing business with terrorists.1 For American multinationals, the rewards of doing business abroad are enormous, but so are the risks. Over the past decades, no place has been more hazardous than Colombia, a country that is just emerging from a deadly civil war and the effects of wide-ranging narco-terrorism. Chiquita found out the hard way. It made tens of millions in profit growing bananas in Colombia, only to emerge with its reputation splattered in blood.2 In 2004, Chiquita voluntarily admitted criminal responsibility to the U.S. Justice Department that one of its Colombian banana subsidiaries had made protection payments from 1997...
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...Part Introduction to the Law 1. 2. 3. 4. 5. 6. 7. 8. Law, Legal Reasoning, and the Legal Profession Dispute Settlement Business Ethics and Corporate Social Responsibility Business and the Constitution Crimes Intentional Torts Negligence and Strict Liability Licensing and Intellectual Property 1 Chapter 1 1. 2. 3. 4. 5. 6. 7. Law, Legal Reasoning, and the Legal Profession LO Learning Objectives After you have studied this chapter, you should be able to: Identify the basic functions of law. List the various sources of law. Analyze a case using the four steps in the process of legal interpretation. Make a legal decision by applying the three-step, stare decisis process. Explain how law is able to change despite of stare decisis. Read a judicial decision and identify which school of legal jurisprudence the judge has followed. Explain when the attorney–client privilege and work product privilege arise and when they are lost. Jennifer regularly smoked marijuana and crack cocaine throughout the duration of her pregnancy. While she was in labor, she used rock cocaine. After the child was born with an addiction to cocaine, Jennifer was charged with violating a state law that provided: “It is unlawful . . . to deliver any controlled substance to a person under the age of 18 years.” The state asserted that Jennifer “delivered” cocaine to her child via blood flowing through the child’s umbilical cord in the 60- to 90-second period after the baby was expelled...
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...Anastacio Teodoro v. Atty. Romeo Gonzales AC No. 6760 January 30, 2013 Facts: AnastacioTeodoro filed a complaint against Gonzales for allegedly intentionally committing forum shopping. Gonzales is the counsel of Araceli in two civil cases filed against Anastacio. The first involved the settlement of the estate of Manuela Teodoro and while the case was pending, Gonzales assisted in filing the subsequent case for Annulment of Document, Reconveyance and Damages without indicating the special proceeding earlier filed. According to Anastacio, this was a deliberate act of forum shopping made by Gonzales. Initially, the commissioner found that Gonzales was indeed guilty of forum shopping for the ruling in either case would result in res judicata over the other and that he instituted the subsequent case without indicating the pending case. The commissioner ruled that Gonzales violated Canon 1 of the code for he disregarded the SC circular prohibiting forum shopping.Hence, suspending him for 1 month. However, the board of Governors of the IBP reversed the Commissioner’s recommendation and dismissed the case. Issue: Whether Gonzales committed forum shopping and thereby violating the Code of Professional Responsibility? Held: Yes. The court held that the respondent was guilty of forum shopping. Lawyers should be reminded that their primary duty is to assist the courts in the administration of justice. Any conduct that tends to delay, impede or obstruct the administration...
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...01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Step 7 A Judge Is Assigned to Hear the Case ❖ 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 N 30 L In the previous two chapters, we learned about the two attorneys in the courtroom drama, the prosecutor and the defense attorney. In this chapter, we turn our attention to the third member of the courtroom work group, the judge. We will learn what judges do and how they become judges. Then, we will look at judges’ discretion and how it affects their relationships with others. INTRODUCTION Judges are by far the most easily recognized member of the courtroom work group, both by their conspicuous robes and by their prominent position in the courtroom. They are also the subject of many stereotypes because the public wants to believe that judges combine patience, wisdom, and compassion to arrive at fair decisions, while they eschew the character flaws that sometimes form the basis of decisions by others, including prejudice, intolerance, favoritism, and hostility. Unfortunately, judges are human and their decisions occasionally reflect such a reality. One West Virginia judge, for example, became so enraged at a defendant who began cursing at him in court that he jumped down from his bench, tore off his judicial robe, and bit the tip off the defendant’s nose (Smith, 1998). He served five days in jail on state assault...
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