...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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...five components-law enforcement, prosecution, defense attorneys, courts, and corrections, each playing a key role in the criminal justice process. Law enforcement officers take reports for crimes that happen in their areas. Officers investigate crimes and gather and protect evidence. Law enforcement officers may arrest offenders, give testimony during the court process, and conduct follow-up investigations if needed. Prosecutors are lawyers who represent the state or federal government (not the victim) throughout the court process-from the first appearance of the accused in court until the accused is acquitted or sentenced. Prosecutors review the evidence brought to them by law enforcement to decide whether to file charges or drop the case. Prosecutors present evidence in court, question witnesses, and decide (at any point after charges have been filed) whether to negotiate plea bargains with defendants. They have great discretion, or freedom, to make choices about how to prosecute the case. Victims may contact the prosecutor's office to find out which prosecutor is in charge of...
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...felony was committed that he did not see happen --- an officer may arrest a suspect on the spot without an arrest warrant. The officer will later submit a charging/warrant request to the Jefferson District Court and an Assistant Jefferson County Attorney will review the charges to make additions or corrections. Warrant/Charging Request Reviewed by Prosecuting Attorney (District Court - Misdemeanor Level) Most cases begin with a warrant request. This is generally the first time that the prosecuting attorney is involved in a case, unless he or she reviewed a search warrant or visited the crime scene. At this stage, the prosecutor determines whether a person should be charged with a crime and, if so, what the crime should be. The prosecuting attorney must thoroughly review all reports and records concerning the case, including witness statements. The prosecutor also reviews the suspect's prior criminal or traffic record. Occasionally,...
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...The United States court system stands for integrity and justice, punishing the wrong and protecting the innocent. That’s what we have been taught since we were kids. Without knowing either the inner workings or the intricacies of how the system actually works, it is hard to imagine that a justice system with so much power can be so corrupt and simple at times. Even in a place where ethics and justice are the foundation of its being, the right thing isn’t always done. Because of the perfect situation, the criminal charges, and the ethical sensitivity, I would pass on the high priced lawyers deal and pursue the drug dealer. I am a proud person that couldn’t watch someone suffer due to my selfishness. I would assume by becoming a prosecutor, I would want to make unbiased judgment’s to help society. The situation is not very complex and a normal law abiding citizen would easily pick the young girlfriends side when presented with this situation. The young girl is pregnant with the drug dealer’s child. Putting her in jail would add a lot of stress to her pregnancy, and prosecuting her could result in complications with her pregnancy as well as affect the child after it is born. The girlfriend would also be forced to go to jail, robbed of her life as she knows it. She will be separated from her family, friends, and give up all the freedoms she had for something she didn’t do. Forty years is a very long time to spend in prison and even if she does manage to get out early, the sentence...
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...JUDGE: Good Morning Ladies and Gentleman, We are here today for the trial of Mr. Danial Saleem, is this person a psycho? Or a plain murderer? now we shall begin the trial, with the opening statements of the prosecutor followed by the defense lawyer. THE POLICEMAN WILL BRING IN Danial..AND Danial IS LAUGHING LIKE A CRAZY PERSON! PROSECUTOR(Ak): Your honor, this man Danial is a very dangerous criminal, the police have been looking for him for many years and due to this fine policeman here we have been able to bring him to court today. He has committed several crimes including street crime, bomb planting and has committed 4 murders. Including Ahmed Tariq’s 10 year old son. DEFENSE LAWYER(Saad): Your honor, on what basis is the prosecutor calling my client a criminal, he isn’t a criminal my lord, his brain doesn’t work like a normal man’s brain does. We have researched thoroughly on his state of mind and the doctors have come to the conclusion that Danial is mentally ill, and needs sometime in the mental asylum so that his condition can improve. PROSECUTOR: Your honor, we have proof that Danial isn’t mentally ill but he is in a perfect state of mind and has committed these crimes intentionally. Your honor I would like to call Ahmed, the father of the son that Danial murdered. So Mr. Ahmed, tell us what happened on 14th of October 2011. “DANIAL: SINGS MAD WORLD” A.T: Your honor, my 10 year old son, my only son was ruthlessly murdered by this guy...
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...and disciplining anyone who challenges the order of the court.” (Schmalleger, 2011, "Chapter 9: The Courts: Structure and Participants"). The judge upholds the law and makes the final decision. The judge’s main role in the court room is to uphold the law and the truth by making decisions that follow the law. He is responsible be being truthful and honest when it comes to making his decisions. The Prosecution attorney has the role of protecting the victims by following the law and being honest. “The prosecuting attorney is the primary representative of the people by virtue of the belief that violations of the criminal law are an affront to the public.” (Schmalleger, 2011, "Chapter 9: The Courts: Structure and Participants"). The prosecutor is the one...
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...Chapter 9 Plea Bargain – Exchange of a guilty plea for a reduced charge or sentence. 249 Shadow jury- A panel of people selected by the defense attorney to represent the actual jury; sits through the trial and provides feedback to the attorney on the evidence presented during the trial. 251 Attorney-client privilege- The legal rule by which an attorney cannot disclose confidential information regarding his or her client except in a very few specified circumstances. 251 Situational model- A conceptualization in which lawyers weigh the priorities in each case and decide each case on the particular factors present. 255 Systems model- An absolute or legalistic model in that an attorney’s behavior would always be considered wrong or right depending on the ethical rule guiding the definition. 256 Asset-forfeiture- A legal tool used to confiscate property and money associated with organized criminal activity. 261 Halo effect- The phenomenon in which a person with expertise or status in one area is given deference in all areas. 266 Criminalistics- The profession involved in the application of science to recognize, identify, and evaluate physical evidence in court proceedings. 268 Federal sentencing guidelines- Mandated sentences created by Congress for use by judges when imposing sentences (recent Supreme Court decisions have overturned the mandatory nature of the guidelines). 277 Chapter 9 Questions: 1. Explain the confidentiality rules of defense attorneys, and some situations...
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...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 our rights. Without the prosecutor and the defense attorneys our rights could be demolished, for there would not be anyone there to defend for what they already know. The two roles could not be more opposite. That tension forms the basis for the advocacy system of our criminal justice approach. The prosecutor represents the government against the defendant with the role to prove the crime....
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...PROTECTION OF PAKISTAN ORDINANCE, 2013 An Ordinance to provide for protection against waging of war against Pakistan and the prevention of acts threatening the security of Pakistan; WHEREAS it is expedient to provide for protection against waging of war against Pakistan, prevention of acts threatening the security of Pakistan and for speedy trial of offences falling in the Schedule annexed to this Ordinance and for matters connected therewith or incidental thereto; AND WHEREAS pursuant to the directions of the Hon’ble Supreme Court in cases of civil disturbance in different parts of the Country, it has become imperative to promulgate a law in order to give effect to such directions; AND WHEREAS the Senate and the National Assembly are not in Session and the President is satisfied that the circumstances exist which render it necessary to take immediate action; NOW, THEREFORE, in exercise of the powers conferred by clause (1) of Article 89 of the Constitution of the Islamic Republic of Pakistan, the President is pleased to make and promulgate the following Ordinance:- 1. Short title, extent and commencement.-(1) This Ordinance may be called the Protection of Pakistan Ordinance, 2013. (2) It extends to the whole of Pakistan. (3) It shall come into force on such date or dates as the Federal Government may appoint in this behalf and different dates may be appointed for different provisions of this Ordinance. 2. Definitions.- In this Ordinance...
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...Courtroom Participation Paper Keva Russell CJA/224 01/09/12 Mr. Mitchell In this paper, there will be discussion about the various courtroom participants and also discuss each role. There also will be a discussion of the duties and responsibilities of the major participants, how they are selected to become participants and their importance in the court proceedings. There are several different courtroom participants, such as, the judges, the law clerks (division clerks), prosecutors, defense attorneys, witnesses, victims, defendants and bailiffs. There could possibly be additional courtroom participants, like, the media, the courtroom reporters, interpreters and speculators. The judge is a public officer who hears and decides cases in a court of law. The law clerks are the people who help with getting information for the judge, helping with entering verbiage into the system and looking up cases that have similar circumstances as the case that is presented. The prosecutor prosecutes the case. They are driven to put the alleged suspect, criminal or defendant behind bars or obtain a record from committing a crime. Whereas the defense attorneys help the defendants with their cases to get them from going to jail or doing the maximum time for the crime committed. Witnesses are the people that are called to court to describe a crime that they saw with their own eyes. Victims are the people that the crime was committed on. They also can testify against the defendant...
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...Ethical Problems Involved in Undercover Operations Against Lawyers-The Congressional Testimony of Monroe Freedman I. Written Testimony of Professor Monroe H. Freedman Before the Subcommittee on Criminal Law United States Senate Committee on the Judiciary Regarding S. 804-Undercover Operations Act May 16, 1984 Mr. Chairman, and Members of the Subcommittee: Thank you for inviting me to testify regarding S. 804-The Undercover Operations Act. I have been asked to provide relevant biographical information and have done so in a footnote.' My principal concern with S. 804 relates to undercover operations directed against corruption in the administration of justice. I do not mean that such investigations necessarily raise more serious problems than those directed against, say, political organizations, religious groups, or news agencies; indeed, some of my suggestions may be applicable to those areas as well. As one who has a particular interest in the professional responsibilities of lawyers and judges, however, I believe that I can be most useful to the Committee by focusing on 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...
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...because of the many lies Casey told investigators and police authorities. The in-depth search by numerous agencies and private citizens to find clues kept the case in the media spotlight. In fact, I wondered how “fair” the trial would be due to the amount of national coverage the case actually received. I found myself going into the trial with already formed opinions about Casey’s culpability. As such, I was very anxious to actually watch the proceedings and see the facts as presented in the courtroom versus the national media. The opening arguments by the prosecutor set the stage for what was to come. The prosecutor stated: “It’s time to tell the story of a little girl named Caylee Anthony.” From there she went on to describe in detail this 2-year old’s life with her grandparents, who adored her, and her mother who seemed more concerned with her own “made-up” life than the welfare of her own daughter. As the prosecutor explained the details of Caylee’s life, the defendant, Casey Anthony, had an array of facial expressions including shaking her head when she disagreed with something and some occasional crying moments. Other than that she had a straight face during most of the 2-hour opening statement seemingly un-phased by the...
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...In “A Prosecutor's Vision for a Better Justice System” by Adam Foss, there are many important points that comprised of his talk. The main point that Foss talks about is prosecutors having life altering changes on others in the criminal justice system yet not understanding the consequences that being in the system creates and not understanding the people there in the first place. Foss believes that prosecutors need to do a better job when it comes to pinpointing the problems that people in the criminal justice system and creating solutions to these problems other than deterrence. More often than not, people are commiting crimes that Foss believes is predictable behavior that could be prevented by adequate help. Instead of prepping for trials...
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...CIS 417 WEEK 7 CASE STUDY 3 CASEY ANTHONY TRIAL To purchase this visit here: http://www.activitymode.com/product/cis-417-week-7-case-study-3-casey-anthony-trial/ Contact us at: SUPPORT@ACTIVITYMODE.COM CIS 417 WEEK 7 CASE STUDY 3 – CASEY ANTHONY TRIAL On July 5, 2011, Casey Anthony was found not guilty of first-degree murder in the 2008 death of her daughter, Caylee. Further research this incident using quality and reputable resources. Write a two to three (2-3) page paper in which you: 1. Provide a brief summary of the background, charges, and trial of this high-profile court case. 2. Explain, from a forensics perspective, the digital evidence found on the Anthony family computer that helped the prosecutors build a case against Anthony. 3. Describe what the prosecution was unable to prove based on the digital evidence found. Indicate whether or not you think this is a common problem with digital evidence and provide a rationale for your response. 4. Explain the software issue that was found to have caused inaccurate evidence to be admitted into the trial. More Details hidden… Activity mode aims to provide quality study notes and tutorials to the students of CIS 417 Week 7 Case Study 3 Casey Anthony Trial in order to ace their studies. CIS 417 WEEK 7 CASE STUDY 3 CASEY ANTHONY TRIAL To purchase this visit here: http://www.activitymode.com/product/cis-417-week-7-case-study-3-casey-anthony-trial/ Contact us at: SUPPORT@ACTIVITYMODE.COM CIS 417 WEEK...
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...Collins Consider communication types for the prosecution, defense, witnesses, and the judge. There are several types of different communication types that are used in the criminal justice process. The witness, prosecution, judge, and the defense, all have types of communication to get their points across effectively. Prosecution The prosecution uses various forms of both oral and written communication throughout the case, they use indictments, police and investigation reports as well as crime scene photographs. Oral forms of communication include presenting the opening and closing statements and arguments to the jury on the case. Oral communication is also shown between the judge, defense attorney, and prosecutor throughout the case. Judge The judge uses both oral and written forms of communication, written forms usually go to the juries which include instructional sheets on how to be a proper juror and written paperwork between both prosecution and defense attorney, which can be anything from a warrant to a bail amount. A judge also listens to the oral statements during the case to ensure the case is handled proper and asks questions or controls the prosecution or defense when needed. A judge may also give instructions to the jury during the case, such as acknowledging a piece of evidence or dismissing one, or dismissing a statement that may contaminate the case and jury. The judge may also hold a person in contempt for acting...
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