...1 ATTACHMENT CONFLICT OF INTEREST GUIDELINES PURSUANT TO THE PROVINCIAL OFFENCES ACT (“POA”) TRANSFER WHEREAS the administration of the POA Court by municipal partners pursuant to a transfer agreement with the Attorney General must be conducted in accordance with fundamental principles of justice, which include judicial and prosecutorial independence, fairness, impartiality, competence and integrity; AND WHEREAS it is deemed expedient to establish guidelines in relation to such matters; AND WHEREAS these Guidelines shall apply to all elected representatives for the City as the province’s municipal partner in relation to the transfer of POA matters for the Area, as well as all officials and staff of the City & to other persons retained by the City who perform functions pursuant to the Transfer Agreement; THEREFORE, the City hereby implements and adheres to these Guidelines & other requirements as set out below on behalf of the elected representatives, officials and staff of the City as well as to other persons retained, for all matters relating to the transfer of POA Court matters in the Area: 0.0 Interpretation 0.1 In these Guidelines: 0.1.1 Area means the Windsor/Essex Court Service Area, which includes the geographic areas encompassed by the City, the constituent municipalities of The Corporation of the County of Essex, & Pelee Island/Township. 0.1.2 City means The Corporation of the City of Windsor. 0.1.3 Guidelines means these Conflict of Interest Guidelines, as may be...
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...In high profile cases, prosecutors are often their own worst enemies. The pressure to succeed too often causes prosecutors in the spotlight to make strategic and ethical decisions that can backfire against their case. Several recent high-profile cases illustrate this problem: (1) the Michael Jackson child molestation trial, (2) the Jesse James Hollywood murder prosecution, and (3) the clemency proceedings of murderer Michael Morales. This essay is not intended to embarrass any particular prosecutor. Indeed, prosecutors in high-profile cases face a particularly difficult task. Each decision they make is put under a microscope by the media and its legal commentators.2 Defense lawyers are quick to claim prosecutorial misconduct, 3 knowing that ∗ Professor of Law, William M. Rains Fellow & Director, Center for Ethical Advocacy, Loyola Law School, Los Angeles. The author wishes to express her gratitude to her fabulous research assistants, Shawn Domzalski and Jeffrey Jensen, for their help with this Essay. As always, their assistance was invaluable. Thank you also to the staff and editors of the Loyola Law School Law Review for their fine editorial assistance. Finally, thank you to Sammy and Marci Maniker-Leiter for their daily inspiration. 1. MODEL CODE OF PROF’L RESPONSIBILITY EC 1–2 (1981). 2. For the ethical responsibilities of prosecutors in evaluating these cases, see Erwin Chemerinsky & Laurie Levenson, The Ethics of Being a Commentator III, 50 MERCER L. REV. 737 (1999); Erwin...
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...The Untouchables is a fifty minute documentary on the “F-bomb,” the word is fraud; it’s not to be used, in a film which shines the light on the number one suspects being Wall Street. Many of Wall Street’s top brokers and if not all top executives who have contributed to the next great recession will not face any chance of prosecution or be indicted on any criminal charges because the failure of the United States government including the efforts made by the Justice Department and the Federal Bureau of Investigation to bring about any credible evidence in which there was beyond a reasonable doubt. Based on the seemingly packaged and toxic mortgage loans to investors and the gambling on those securities and bonds to fail for even more financial succession of these institutions and top executives I really find it hard to believe with such credible evidence and the amount of it, that not one person to date can be held accountable for their actions especially in such times of economic distress for our nation where the top 1% of the population of the United States controls more money than the rest of almost 95 % combined, to me that is the atrocity. We can talk about starting from the bottom and working our way up but in this case I think the underwriters really have nothing to do with what is the core issue of what’s happening right now in our financial instructions. Should they have been more ethical who knows, should they have went to someone in charge in fact they did, should...
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...Bruce Fein, JD, General Counsel for the Center for Law and Accountability, in an American Bar Association website article titled "Individual Rights and Responsability - The Death Penalty, But Sparingly" (accessed June 17, 2008), offered the following: "Abolitionists may contend that the death penalty is inherently immoral because governments should never take human life, no matter what the provocation. But that is an article of faith, not of fact, just like the opposite position held by abolitionist detractors, including myself... The death penalty honors human dignity by treating the defendant as a free moral actor able to control his own destiny for good or for ill; it does not treat him as an animal with no moral sense, and thus subject even to butchery to satiate human gluttony. Moreover, capital punishment celebrates the dignity of the humans whose lives were ended by the defendant's predation." June 17, 2008 - Bruce Fein, JD Alex Kozinski, JD, Circuit Judge in the US Court of Appeals for the Ninth Circuit, in a Nov. 7, 2002 Hoover Institution "Interview," stated the following: "Immanuel Kant said it best. He said a society that is not willing to demand a life of somebody who has taken somebody else's life is simply immoral. So the question really... when the system works and when you manage to identify somebody who has done such heinous evil, do we as a society have a right to take his life? I think the answer's plainly yes. And I would go with Kant and I would say...
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...Defense Paper Peyton Rumbo CJS/220 Amanda Eicher 28 July 2013 A prosecutor and a defense attorney are different in a lot of ways. The prosecutor works for the plaintiff and the state's case, and they show the gathered evidence that proves that the person accused of the crime is guilty of committing it. The defense attorney's job is to give evidence that proves that the accused is not guilty. If you are accused of a crime, you will share a table at the trial with the defense attorney. The prosecutor tries to prove your guilt, while the defense attorney does their best to prove that you are innocent. The defense attorney works on their own for you, but the state pays the prosecutor. A person can, and would, hire a defense attorney, but never a prosecutor. Even though public funds are paid to prosecutors, they are not employed by the government. The person who they defend pays the defense attorney – the prosecutor is responsible for representing the government when they bring a suit against an accused criminal. The prosecutor's job title is different in each jurisdiction, but they are often called the district attorney, county attorney, state attorney, city attorney, or United States attorney. The prosecutor is charged by the public with punishing people who commit crimes, so that they can protect law-abiding citizens. The defense attorney has to protect the rights of people who are accused of a crime. If I was to become a lawyer I would definitely want to be the prosecutor...
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...Prosecution of Bullies Katherine Canales Mrs. McCracken A2 The story begins “A cute Irish girl moves to a new town, South Hadley, Massachusetts and starts dating a popular football player. Other girls, alpha girls, get jealous. They taunt her, cross out her picture on a student-body poster, and fling abuse on Facebook. It goes on for months; her mother tries to get the school to do something. Finally, on Jan. 14, after a day when she was allegedly harassed in the library, in the hallways and on her way home from school--a canned drink thrown at her, and the words "You Irish slut, you Irish whore". Phoebe Prince went home, picked out a scarf her sister had given her for Christmas and hung herself in a stairwell. Her sister found her. The mean girls? They logged on and mocked her death.” (Gibbs, 2012) She is only one in many victims that could have been saved. “By words alone perpetrators of bullycide kill their victims without laying a hand on them.” (Wallace 2011) These girls should have been held responsible for their actions, yet they were not. Everyday many adolescents are being bullied to extreme measures, pushed to the verge of death, in most cases, by suicide. And just like the young Phoebe, nothing was done to help them. Is this the life we want our children to suffer through? Clearly no, but what’s the answer. Surely there has to be a way to stop this abominable act. It is clear that those who partake in bullying should be prosecuted for their incredulous...
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...Discussion I. Can our client satisfy the first requirement for a malicious prosecution suit that requires that the termination of the earlier suit be in the plaintiff’s favor when in our client’s case their termination was due to a voluntary dismissal by the initial plaintiff who changed her mind about her claim? To meet the first element –favorable termination- a plaintiff cannot rely on a settlement of the case that both parties agree to. Once the litigation ends by settlement there is no favorable termination for the purpose of pursuing a malicious prosecution. A favorable termination is satisfied by abandonment or dismissal and without any final determination merits. However there are preceding cases that require that adjudication on the merits is necessary for a determination that a termination was in the plaintiff’s favor. If there is a withdrawal of proceedings by the person who is bringing them it is considered a favorable termination in the plaintiff’s favor. In our case our client should succeed because the defendant dismissed the suit on his own. So our client will satisfy this element. The cases discussed below seem to agree on the main elements of malicious prosecution: (1) termination of the earlier suit in the plaintiff’s favor, (2) lack of probable cause for the suit, (3) malice on the defendant part, and (4) a special injury flowing from the earlier suit. Frey v. Stoneman, 722 P. 2d 274, 277 (Ariz. 1986); Young v. Motor City Apartments, 133 Mich. App....
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...Corporations, Officers, and Citizens Individuals and corporations are different from each other in the aspect of who they represent. To punish corporations in a manner, such as a death penalty, would have an effect on the business, shareholders, and employees. However, common sense says that corporations should just obey the law and shouldn’t be able to get a sweetheart deal just because they are a business and exposed to a completely different type of justice than individuals (Shearman & Sterling LLP, 2014). With a first offence, there is usually a deferred prosecution, which permits a second change. There are times they could be repeat offenders, but it’s unlikely. Nevertheless, offenses that business commit are of a much more serious significance...
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...University of Phoenix Material Week Three Worksheet Match the items in the Case Summary column to the Options in the right column by entering the correct corresponding alphabetical letter next to the numbers in the first column. Not all options will be used. | | |Case Summary | |Options | | | | | | | | |D |Shaun is driving home at night from work on a six-lane road, |Murder | | | |under the speed limit. There are no streetlights. A man is |Voluntary manslaughter | | | |crossing the middle of the street, and Shaun does not see him. |Involuntary manslaughter | | | |Shaun hits the man and kills him. |Justifiable homicide | | | | |Excusable homicide | | | | |Statutory rape | | | | |Malice aforethought | | | | ...
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..."Procedures and Prosecution." Please respond to the following: • Evaluate United States v. Agurs. Another very important public policy issue is an appreciation for the difference between obtaining a high conviction rate or being perceived as “tough on crime,” and seeking justice. Debate your position on the death penalty regarding whether it is used for justice or for other purposes. Support your position with examples or evidence. The book states that in “both civil and criminal trials a party must share information according to pretrial orders or in response to the other party’s discovery requests” (Szypszak, 2011, p. 211). I believe that the death penalty is just as bad as the crime that was committed. I believe that people deserve the right to have their life changed in a manner that only those that have true understanding of grace and mercy and forgiveness can understand such a judgement is not up to me or anyone and I will forever stand by that. • In the text, it states that “the (Supreme) Court has agreed that the death penalty can be constitutionally sustained only if its imposition is consistent with ‘evolving standards of decency’.” With so many juveniles committing heinous crimes, take a position and debate as a public administrator on whether you think the death penalty should be allowed for juveniles? Use the e-Activity case as a reference for discussion. I am against the death penalty for juveniles no matter the age. I can not face the possibility...
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...Prosecution Versus Defense Lori Barham CJS/220 Kemie King May 6, 2012 When it comes to the roles of the prosecutor and the defense, the roles are very different. One side is fighting for a conviction and the other is fighting for the accused freedom. The prosecutor’s position is to bring charges upon the accused by the state. They are to bring the proof and evidence that the state has provided to convict the accused. They have many resources available to use such as interrogation notes, forensics, as well as their own investigative powers. Their job is to prove the charged suspect is guilty beyond a reasonable doubt. If they feel that someone mental status is in question, or is the defense is using that as a defense, they have the ability to have them evaluated by a specialist. The defense attorney’s job is to represent the accused case to the court and defend them against the charges. They do anything within the boundaries of the law to try and prove their clients innocence or justification. They have different defense strategies at their disposal such as negligence, self-defense, or duress even. The defense uses all resources available to try and prove their side of the case and also have the same abilities afforded to them as the prosecution. They have the same access to any and all records and notes pertaining to the case. It can be considered misconduct to with hold any information related to the case from the either side...
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...Almansoob 1 In the Defense of Lennie Smalls WodoodAlmansoob Ms.Bannoura/ Mr. A English 10B Universal Academy February 28, 2012 Almansoob 2 In the Defense of Lennie Smalls Oscar Wilde once said, “Society exists only as a mental concept, in the real world there are only individuals”. This quote explains that society shapes the thoughts of what we see. We see society in a good and bad way around us. Euthanasia is unjustified because it brings death, pain, and suffering. The book Of Mice and Men by John Steinbeck took place during the Great Depression, which means it was a harsh life living during the 1930’s. The two main characters in the novel, Lennie and George, both try to accomplish their American Dream by having a field of rabbits, puppies, etc. George and Lennie are best friends and act like big brothers defending one another, but there was an incident where their friendship faded to black and white. Lennie was a person who was big and muscular, forgot everything important, and acted like a little kid. George was a unique person from Lennie’s point of view. George was tough, responsible, and strong. He looked after Lennie all the time. Lennie is innocent because he has likes touching soft things; he has a mind of a child, and only does the things that he is told to do. First of all, the two best friends’ friendship and their American Dream have faded away. The dream of Lennie and George begins to tangle up when Lennie was living in Weeds and touched a...
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...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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...Okay, let’s dive in! Let’s talk about patent infringement. Because the absolute best way to understand a patent…your rights with a patent…your competitors’ rights with a patent…the strength of a patent. The best way to understand a patent is to understand how a patent is infringed. So, we know the power of the patent is in the claims. This is where the inventor defines his or her patent rights; his or her ENFORCEMENT rights. So, let’s try to infringe some claims. We’ll use a simple example. Let’s imagine we can get a patent on anything. Let’s get a patent on a basic chair. Imagine a world without chairs…pretty scary…all we can do is sit on rocks. Not comfortable. Hard to move around. So, we invent the first chair. And we know we’re on to something. Everyone will want to buy this. So, we go to a patent lawyer and get a patent. Here is the claim. (Visually display the elements) • An apparatus for sitting comprised of • a seat, • a back, and • four legs. All of these elements make up one independent claim. And this would be a great claim. It would come at the end of a patent document which could be a few or even dozens of pages of text and drawings describing how to make it and how to use it. (Patent visual running through page after page of drawings then text…then narrow in on a claim). What can we do with this patent… with this claim? Well, first, in our scenario, let’s pick a country. We need to do that because each patent is only...
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...Federal prosecution is in federal court, under federal law, which is conducted by the U.S Department of Justice; the federal government employs the judge and prosecutor. The justice department also represents the US government in all legal matters and at times it provides legal advice to agencies. This system is built by a combination of both, civil service officials and appointed politicians. In federal prosecution, there are three important entities; the solicitor general, the criminal division, and U.S. attorneys. The U.S Solicitor General is the third highest ranking in the justice system. Their task is to represent the executive branch, as well as supervise and conduct government litigation in the U.S Supreme Court. With respect to the...
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