...THE ARGUMENT FOR A CONSTITUTIONAL RIGHT TO REPRESENTATION AT BAIL HEARINGS IN ALL CRIMINAL CASES IN STATE COURT The right to legal representation is generally accepted in the United States as a Constitutional right guaranteed to everyone. The Supreme Court promised the right to counsel to “ any person haled into court” in the infamous Gideon v Wainwright case. This case was instrumental in advancing the rights of indigent defendants through its proclamation that the Sixth Amendment right to counsel in criminal proceedings should also apply to State Courts. However, Gideon’s promise to counsel has yet to completely guarantee equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas...
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...The American Court System Behind Closed Doors America first established its judiciary system around the same time the 13 British Colonies became established as individual territories. When it came down to it, Federalist battled Anti-federalist over the writing of the Constitution of the United States. The Anti- Federalist were opposed to the idea of a one centralized government while the Federalists on the other hand were all for a centralized government. What came next was the establishing of the Judicial Branch known as Article III. The start of the first court system came along with Congress passing, The Judiciary Act of 1789. The act established the United States circuit courts which were also known to be United States federal courts and were located in each of the federal judicial districts. The act also established the United States Supreme Court and its justices. It wasn’t until 1912, that the district courts became exercised and became the new federal trial courts replacing the circuit courts as original jurisdiction. Circuit courts became known as federal court of appeals. They no longer have the right to try a case first, which is now the district courts role in the judicial system. With 13 circuit courts and 93 federal judicial districts the two courts make up most of the judicial system in our country. That’s why it is imperative that we know the differences and the similarities between each court. After observing both courts for about 5 or so hours, I really...
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...resulting in most cases death. The Salem Witch Trials had many crucial cases that were detailed in The Wonders of the Invisible World, which has affected today's government branches in a multitude of ways. In the work The Wonders of the Invisible World Cotton Mather, the court's record keeper, would write down the various trails that were presented, the evidence ,and outcomes of them. One of the most famous cases he recorded was the case of Martha Carrier, a suspected witch. Martha was accused of bewitching people, cows, and committing crimes with her spectre. She proceeded to plead not guilty to these charges. The court called numerous witnesses that each gave their case against Martha. The biggest being her children, who accused her of being a witch and turning them into witches. The others accused her using spectral evidence, which is the crime of the person using their spectre to commit deeds. After hearing...
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...Trial Verdict Name Professor Institution Date Just to quote Dr. Martin Luther King Jr. words, “injustice anywhere is a threat to justice everywhere”. Human beings are not entirely fit. Thus judges just like any other human being are bound to make mistakes in dispensing justice. However, Judges are obliged to be ever watchful and mindful in their endeavors of delivering justice. Every day, all over US judges dispense justice to convicted persons and defendants. However, absolute justice ideally is hardly realizable across board since its effectiveness demands human infallibility. Although it might be even harder to reap justice, justice is achievable and pursuit for justice remains a noble order. In this case, a 12 years old boy, Christopher Pittman from the state of South Carolina on February 15, 2005 shot his two grandparents using his father’s shotgun while they lay on their beds, he then set the house on fire, drove his grandparents truck and fled with cash and weapons in his possession. The petitioner, Pittman was only 12 years of age when he committed this malicious acts. He was charged with premeditated murder and put on an adult court for trial. Christopher Pittman’s defense team claimed that young Christopher Pittman remained an innocent child because he still could not differentiate what was right or wrong while under influence of Zoloft, an antidepressant. The defense urged the court to consider Pitman a child thus unable to plan and execute premeditated murder...
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...1. Introduction For this paper, I have chosen Case study 1 to be discussed. By applying the knowledge gained throughout the syllabus and proper research, I have met the requirements of the paper. Based on contemporary justice in crime, the paper has been prepared. First, the brief description of the crime is outlined by summarizing the whole issue centered in the case study. Secondly, I have focused on description of the processes in the adult American criminal justice system the offender would go through, starting with arrest. Further, I have highlighted the weakest and strongest links in the criminal justice process. 2. A brief description of the crime Based on reading of the Case study 1, it is revealed that there are two murders happened....
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...Policemen, and women, are the front lines of defense against crime and enforcers of the law. Police officers; whether it is local, state, or federal, have a job to do just like you and me. They enforce the law and keep the peace among us human beings. Without them, society would be out of control. The role of a police officer is to maintain public order by arresting offenders, responding to all car accidents on the highway, and dealing with crime every day. The main duty of a police officer, be it state police officer or state trooper, is to maintain law and order in the community. With out these front line enforcers of the law we would never see justice in and out the court room, through an attorney and a judge. State police officers, also known as Highway Patrol enforce the rules of the road and issue traffic tickets as well as tickets for other various violations on the highway. In California, they have CHP Officers patrolling the highway. State police officers pursue offenders and fugitives on the highways all the way to the state boarder. State Officers attend to all significant obstructions and accidents within their jurisdiction. They are responsible for discarding vehicles on the side of the road that are not functioning, and other debris that disturb the flow of traffic. Every state has police officers as well as State Troopers, which are the state police. Without these individuals there would be chaos on the roads and there would never be...
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...Assignment: GM520 1. Smoking of Electronic Cigarettes on Aircraft The regulation on E-cigarettes is from the Department of Transportation. This regulation is very interesting for me because I grew up around mostly cigarette smokers. My mother used to smoke, my father, my grandparents, my sisters and brothers. In the country that I came from, smoking is one of the cheapest vices. When you go out of your house you will never miss a person smoking. I chose this regulation because I am basically concerned about the air we breathe especially if we are a non-smoker. I have been on few flights myself and I have never encountered somebody smoking e-cigarettes myself. But, since this new technology is growing and although it has claimed to reduce the risk of real cigarette-smoking, we are still unaware of the negative impacts it may bring to the air quality within the aircraft, and the impact it brings to the high-risk passengers aboard the aircraft. This regulation may not affect the organization I am working for but it definitely affects me as an individual. I work in a bank as a teller and thrice this year I have been a passenger of a plane which is preferable to me than driving 6 hours. I love flying and I would definitely enjoy it more with clean atmosphere and without the disturbance of a passenger sitting beside me inhaling and exhaling vapors. But of course this is not only about me, but of the population that is aboard the aircraft. A plane may consist of elderly...
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...to a tentative conclusion on the efficacy of each. A broad spectrum of academic literature, case law and legislation has been considered to evaluate the role that tribunals have in the Australian legal system. In light of Kerr J’s remark (above), find and critically analyse a case which considers issues of procedural fairness in a tribunal hearing. The case of Ashmore v Commissioner for Superannuation primarily concerned the decisions to not recognise late election and to not grant an extension of time relating to the preservation of the applicant’s superannuation benefit. At the initial hearing in which the applicant (Carolyn Ashmore) gave oral evidence, only one senior member was present, contrary to the stipulations of the Superannuation Act that the Tribunal be constituted of three members, one of whom is an eligible employee or pensioner. The hearing was then reconstituted with three members, and a transcript of the applicant’s oral evidence was used to ascertain her credibility. Ultimately the Tribunal formed a negative opinion of the applicant’s evidence, leading them to rule against her. By relying on a transcript of Ashmore’s evidence, it was determined by Justice Moore that the other two tribunal members could have been influenced, albeit unintentionally, by the negative bias from the senior member present at the initial hearing. In response to the proposal to have a hearing with reliance on the transcript, the applicant stated she was aware that two of the reconstituted...
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...Week 1 Assignment State Court System Trial Courts Trial Courts are also called "Superior Courts." There are 58 Trial Courts--one in each county. In the Trial Courts, a judge, and sometimes a jury, hears testimony and evidence and decides a case by applying the law to the facts of the case. Superior Courts handle: * All criminal cases (felonies, misdemeanors, and traffic tickets) * All civil cases (family law, probate, juvenile, and other civil cases) * Appeals of small claims cases and other civil cases worth $25,000 or less * Appeals of misdemeanor cases Appellate Courts There are two types of Appellate Courts: * Courts of Appeal * California Supreme Court There are 6 Courts of Appeal and one California Supreme Court. Courts of Appeal The Courts of Appeal are California's intermediate courts of review. District headquarters for the Courts of Appeal are located in: * First District: San Francisco * Second District: Los Angeles * Third District:Sacramento * Fourth District: San Diego (Division One) * Fifth District: Fresno * Sixth District:San Jose People who are not satisfied with a Trial Court decision can appeal their case in an Appellate Court. When they "appeal", they ask a higher-level court to change what the Trial Court decided. The role of the Courts of Appeal is not to give new trials, but to review the Superior Court record (court files and transcripts) to decide if legal errors were made. To...
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...are involved in a lawsuit. The best definition of a lawsuit is | a judicial proceeding for the resolution of a dispute. | | 1. Karen is a judge hearing the case of Local Dispatch Co. v. National Transport Corp. Applying the relevant rule of law to the facts of the case requires Karen to find previously decided cases that, in relation to the case under consideration, are | as similar as possible. | | Much of American law is based on | | | the English legal system | | The best definition of a precedent is | | | a court decision that furnishes an example or authority for deciding subsequent cases involving identical or similar facts. | | As a judge, Bonnie applies common law rules. These rules develop from | | | court decisions. | | The best definition of a remedy is | | | a relief given to innocent parties to enforce a right or to prevent or compensate for a wrong. | | Miley and Otis are involved in a case. The best definition of a case is | | | a judicial proceeding for the resolution of a dispute. | | If a provision in the California state constitution conflicts with a provision in the U.S. Constitution | the U.S. Constitution takes precedence. | | Diana is a state court judge. In her court, as in most state courts, she may grant in a particular case | | | equitable and legal remedies. | | Civil law is | | | the branch of law dealing with the definition and enforcement of all private...
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...L I T I G AT I O N A N D A D R LITIGATION ARBITRATION Stock byte/G etty Im ages What Parties Might Be Giving Up and Gaining When Deciding Not to Litigate: A Comparison of Litigation, Arbitration and Mediation 48 MAY/JULY 2008 TION MEDIA Deciding whether to litigate, arbitrate, or mediate requires an understanding of three dispute resolution processes. The authors begin with the major characteristics of litigation, and then discuss whether these characteristics are present in arbitration and mediation, and if not, how these processes differ. By Donald L. Carper and John B. LaRocco The authors teach at the College of Business Administration, California State University, in Sacramento, where Donald L. Carper is a professor emeritus of legal studies in business and conflict management, and John B. LaRocco is a professor of law. Prof. Carper is also an arbitrator and mediator and Prof. LaRocco is a labor arbitrator, mediator and fact finder. He serves on the American Arbitration Association’s labor panel. hy one might choose to use an alternative dispute resolution (ADR) process to resolve a legal problem is an interesting question, but it is not the focus of this article. Instead, it focuses on the fundamental attributes of litigation and explores whether these attributes are present in private arbitration and mediation. The purpose is to help people make an informed decision about the process they wish to use to resolve their dispute. This comparison also...
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...discuss the conventional division of private and public law is to some extent a false dichotomy. In order to achieve this aim it is necessary to inform that the writer, will examine the Children Act 1989 (CA 1989), giving examples of case law. This will include a brief background of implementation of private and public law into the Act. The next section will identify the similarities and differences in private and public law cases by comparing and contrasting case law. The current regulatory legal framework for contact issues in the public and private law context will be discussed by evaluating how the children’s views are considered. Further in the section the children’s representation in the public and private law arena will be touched on considering the United Nations Convention on Rights of the Child 1990 (UNCRC 1990), implications of the Human Rights Act 1998 (HRA 1998), and the incorporation of the of the European Convention on Human Rights (ECHR) bearing in mind that the Children Act was outlined with a consideration to the convention. Throughout the chapters I will refer to relevant case law, statute, drawing attention to how both private and public law cases can have elements of both private and public law and amalgamation of some cases. There will be a brief discussion to address the different treatment of parties mainly kinship carers within the public and private division and if this could be considered as discriminatory. The discussion will conclude by evaluating...
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...Amber Kiker Kiker 1 Professor McCarthy English 102 August 12, 2015 Deaf Employment in the Professional Sector Profound hearing loss affects millions of people in the United States today. According to the Gualledette Research Institute there are currently over a million people between the ages of 6 and 65 who are Deaf (Harrington 1). While several state and federally funded programs have been implemented to support early and post-secondary education for the Deaf, evidence points to a significant lack of job placement assistance for Deaf young adults transitioning from college to independent living. Deaf graduates often return home to live with family due to an inability to obtain employment reflective of their academic achievements. Currently in America the most common type of employment held by Deaf individuals is limited primarily to the service and manufacturing industries. The objective of this research is to investigate the professional sector of employment in the United States to uncover the driving mechanisms behind the non-presence of the Deaf Community, specifically those with post-secondary education, and to examine what steps are being taken to resolve this apparent disparity. In the hearing world, graduating from college is the beginning of an exciting chapter of a young adult’s life as it represents the transition from higher education into the world of professional employment. It is the time one gets to put into practice the skills they have...
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...over the world and has been around for many centuries. Since it started here in the United States, however, we have been seeing racial discrimination in sentencing to the death penalty. An African American man who kills a white man is more likely to be sentenced to this punishment than a white man if he kills an African American. African Americans form most of the minority group here in the United States and they are a majority that are falling in this discriminating situation. Being sentenced to the death penalty is an unjust way of punishment for any crime committed, and it is even worse to be sentenced to the death penalty because of the race or class standing of a convict. The race of the convict and the race of the defendant in capital cases are major factors in determining who is sentenced to die in this country. This is ethically wrong. It is choosing to end someone’s life because we do not like their physical appearance or because they cannot afford their way out of it. This is unconstitutional and is definitely not a way to practice for our safety. It is a choice made by a judge that can easily be protected by the law, and that is unfair. We need a system that affords the same fairness to everyone, that does not accept racial discrimination as evidence to sentence to the death penalty and does not allow convicts to be punished for not affording well enough lawyers to defend their case. Capital punishment was originally used to discipline criminals for their political and...
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...Abortion Case Study (Part Two) Abortion legalization in our society is a social problem. This is classified as a social problem in our society because it affects individuals in our society negatively and is talked about often. There are two claims that I will talk about in this case study, the two are Pro-Life Action League and NARAL Pro-Choice America. Pro-Life Action League suggests that the legalization of abortion is not the right way to handle it and that abortions are considered murders. On the other hand, NARAL Pro-Choice suggests that abortion is a choice that all women should have for themselves. The first I will talk about is the Pro-Life Action League. The big message that they want to get across is that abortion should be considered...
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