remand that plea-bargaining occur if it already hasn’t (Baum, 2013). The importance of plea-bargains in the criminal justice system can not be overstated. Keeping this in mind, the sixth amendment provides individuals the right to adequate and subsequently competent counsel during a trial. This concept has recently, in May of 2012, been extended to plea-bargaining along with trails. In May of 2012 the supreme court ruled on two cases that would create a precedent for many future cases involving
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in the hope that competition will reveal it, whereas the inquisitorial system seeks the truth by questioning those most familiar with the events in dispute. The adversarial system places a premium on the individual rights of the accused, whereas the inquisitorial system places the rights of the accused secondary to the search for truth.” This, taken from a website I found on a comparison of the adversary system vs. the inquisitorial (or civil) system of justice. By definition, theadversary system isthe
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enforce the law, investigate the crime that has been committed, apprehend the offender, reduce and prevent crime from occurring, maintain public order, ensure community safety, provide emergency and related community services and protect fundamental rights and freedoms of individuals.” (Schmalleger, F., 2012, chapter 1 page 10). Once the officer has investigated and talked to all witness present at the scene of the crime, the officer will make an arrest if there is probable cause. Once the criminal
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within the legal world as separate disclosures. Attorney Client Privilege, which originated in Roman and canon law, has evolved into a recognized judicial doctrine and is necessary in order to provide clients with access to effective, well informed counsel. In Upjohn Co. v US the Supreme Court the Court stated that “Its purpose is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of
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Jardine, P.M. Favell, S. Nahal Defendants Counsel for Mr. Sipes: M.K. Woodall, M.A. Nathanson, G. Ng Counsel for Mr. Podolski: R.C. Claus, M. Jetté, G. Docolas Counsel for Mr. O’Donnell: G. Orris, Q.C., C.L. Bauman Counsel for Mr. Manolakos: R.A. (Sandy) Ross, P. Doherty, A. Rinaldis Counsel for Mr. Brownell:
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Ryan Griffith April, 13 2013 CJS/220 Week 4 Prosecution vs. Defense There are three main roles involved in all criminal cases: The judge, the prosecutor or the counsel for the victim, and the defense which is the counsel for the accused. I will be talking about the difference between the prosecution and the defense, not so much the judge although it is an important role. Although the prosecution attorney and defense attorney have had the same education and trials, and they are
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short time, the wife owned and operated her own business, had maintained her own residence, and she had already paid her counsel, the court found that her requests for temporary maintenance, medical and dental benefits and interim counsel fees should have been denied on the merits Issue: Is the wife entitled to temporary maintenance, insurance or expenses, or interim counsel fees. Holding; No Reasoning: Antenuptial agreements are invalid and unenforceable where the underlying marriage was
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walketh not in the counsel of the ungodly, nor standeth in the way of sinners, nor sitteth in the seat of the scornful. But his delight is in the law of the Lord; and in his law doth he meditate day and night.” The scripture goes on to say that “he shall be like a tree planted by the rivers of the water, that brings forth his fruit in his season.” The scripture speaks of the power of wise counsel. It shows us that wise counsel will cause us to prosper and bear fruit. Also, wise counsel will give the ability
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MONSOD, HON. JOVITO R. SALONGA, COMMISSION ON APPOINTMENT, and HON. GUILLERMO CARAGUE, in his capacity as Secretary of Budget and Management, respondents. Renato L. Cayetano for and in his own behalf. Sabina E. Acut, Jr. and Mylene Garcia-Albano co-counsel for petitioner. PARAS, J.:p We are faced here with a controversy of far-reaching proportions. While ostensibly only legal issues are involved, the Court's decision in this case would indubitably have a profound effect on the political aspect of our
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a portion of the Bill of Rights and concerns the rights that the prosecution enjoys in case of criminal trials and Harr states “it is there to achieve fair criminal prosecution” Harr, 2002, p.320). There are various rights that are allotted to the prosecution under this Amendment and there are certain limitations associated with the level at which these rights can be enjoyed. Under the Sixth Amendment a defendant who has been charged with criminal activity has a right to a speedy trial. Under the
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