be made with legal advice. Legal counsel would have to determine the victim’s expectations of each process and give advice on the reality of what can be expected. Counsel would use their legal expertise to determine the strength of the victim’s case. Sometimes a victim may want to proceed to litigation in the belief that there is a strong case, not realizing that there may be limitations on the evidence that can be presented in court and that what is legally right may not always appear to be fair
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in the business context. In addition, we learned the importance of applying the risk management to mitigate business risk. We also learned how to differentiate between types of torts, and when to determine appropriate situations to involve legal counsel in potential tort issues. Together, we discussed different issues involving tort liabilities that we each have encountered. Everyone contributed very valuable information that each team member elaborated on in-depth. There were several informative
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Running head: Biblical & Secular Views Biblical & Secular Views on Counseling John Smith Liberty University Abstract Whether a counselor comes from a strong Christian background, or a secular one, the goals of the professional should remain in the best interests of the client. Still, it remains important where the views of that counselor originated from and where the source of their motivation and ethical standards are derived. This paper attempts to compare
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State whether the case is about civil liberties or civil rights: civil liberties 8. Gideon v. Wainwright a. Provide the Constitutional question: Does the Sixth Amendment's right to counsel in criminal cases extend to felony defendants in state courts? b. Provide background information: Clarence Gideon was charged with a felony and had to go to court. When in court he asked
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The Supreme Court found that the lower court had violated Kent’s rights and that juveniles must be provided with full due process during all court proceedings. In the case entitled In re: Gault, 387 U.S. 1 (1967), Gault was a juvenile who was on probation and who was accused of making an obscene phone call to a neighbor
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Courtroom Participants’ Professional Standards Name CJA 224 Date Professor When entering a courtroom the main common goal is to have a guilty or not guilty verdict. While being in the courtroom you can come across some participant that are in misconduct, which can have a serious consequence. Courtroom misconduct can go any where from making improper remarks or improperly introducing evidence designed to prejudice the jury. Prosecutorial misconduct violates court rules or ethical
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were questioned without a lawyer present and were not notified of their Fifth Amendment rights of protection from self-incrimination (“Nor shall be compelled in any criminal case to be a witness against himself”). Miranda was arrested and signed a confession for kidnapping and rape. He later was found guilty and appealed to the Supreme Court of Arizona. Here, the Supreme Court Justices held that Miranda’s rights were not violated while obtaining the confession. Vignera was arrested and admitted to
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interpretation given to “harbor and conceal” in United States v. Hobson, supra, 519 F.2d at 773-74, the instruction was correct. Issue or Issues: Based on Kutas conviction and sentence why did Ackerman failed to tell her about her rights to a separate counsel and influenced her improperly? Rule of Law: 9th circuit is that to prevail on its ground, the defendant has the burden of establishing that the joint representation in fact created an actual conflict of interest and prejudiced her defense
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First, an earlier ruling, Betts versus Brady, ruled that “The due process clause of the Fourteenth Amendment does not incorporate, as such, the specific guarantees found in the Sixth Amendment, although a denial by a State of rights or privileges specifically embodied in that and others of the first eight Amendments may, in certain circumstances, or in connection with other elements, operate, in a given case, to deprive a litigant of due process of law in violation of the Fourteenth”
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Penalty a Fair and Effective Deterrent in the United States? Abstract The death penalty is the most severe punishment that may be imposed on an individual by the United States government. It denies a person one of their most basic human rights, which is the right to live. One of the purposes of the death penalty is to serve as a deterrent for other would-be criminals. There have been studies conducted to determine if the death penalty is effective in this regard. There is another point of disparity
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