There are many ways an attorney can chose to defend his clients. Depending on the circumstances and the different variables that can be considered in the court hearing process. The attorney should be prepared to consider all facts and evidence presented to counter in his defense against the prosecutor. Attorneys have multiple stances of defenses that can be taken to benefit, or just explain more thoroughly why things happen and the meaning to the actions. So that his clients side of the story is presented with full detail to portrait truth for his statement towards the court. According to Cohen (2014) attorneys try to get the get the best sentencing outcomes for their clients. In other words, depending on the degree of the crime and what the defendant is being charged with, the attorney job is to provide a clear statement explaining why his client may be innocent or to an extent why something could have happened that wasn 't controllable.
Main Defense
One of the possible defenses that an attorney can chose is an affirmative defense, this just means that evidence is going to be presented to support locational clarity. This defense is the most common
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Which puts the defendant in a position that indicates his awareness of the crime committed not actually being one. According to Gilligan (2015) punishing people in order to reach an accurate goal or gain some justice doesn’t avoid violence it arouses it. In other words, the defendant not being aware he or she was committing a crime doesn’t mean they should be punished if it was by mistake. This particular defense can be portrayed in many different ways from mental stability to just merely not being conscious of the actions committed. An attorney is usually obligated to provide every possible source of evidence to clearly explain and prove that crime committed wasn 't a conscious and deliberate action to cause harm to any victim nor the
The prosecution represents the state/the victims in criminal trials. A prosecutor’s responsibilities are to be professional, seek justice, and strive for the truth. Prosecutors live up to their responsibilities by gathering evidence, collecting witness testimonies, and obtaining other information to present a case against the defendant. Throughout the movie My Cousin Vinny, Jim Trotter is the prosecuting attorney. In the entire movie he is using evidence and witness testimonies to try to get the jury to find Billy Gambini and Stan Rothenstein guilty of killing the clerk in the store.
Case Summary Part 1 The prosecution is legally bound to disclose to the defense evidence that is favorable to the defendant. Three examples of the prosecutor’s obligations to disclose evidence are Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and United States v. Agurs, 427 U.S. 97 (1976). According to Rule 3.8, “the prosecutor must make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by
The case prosecuted under the court of Appeal of Ontario, Her Majesty the Queen v Danny Lalumiere, in 2011, was intended to appeal the conviction of counseling to commit murder. The appellant argued that the life sentence was not appropriate and was outside the range of sentences imposed on similar offenders for similar offenses. This is an example of a case where legal guilt was used to provide a conviction. The conviction of the appellant was based on the testimony of a psychiatrist doctor, Dr. Pallandi, who provided a profile of the accused and concluded that the appellant was pathologically predisposed to commit an offense. The appellate court ruled against the Crown’s decision at the trial, stating that the appellant lacked moral culpability for his offenses and therefore the sentence was not deserved.
For example, the prosecutor will introduce him or herself “Good morning ladies and gentlemen, my name is Mr. or Mrs. State Prosecutor and I represent the State of California. I am here to prove that the defendant is the man who shot and killed Christopher Wallace. Then the defense will give their opening statement
A savvy lawyer can prove a person who is guilty guiltless although there are pieces of evidence against them and the public disagrees with the verdict. This situation is replicated in the O.J. Simpson trial. O.J. Simpson was a former player for the National Football League and actor who was tried in criminal court for the murder of his ex-wife Nicole Brown Simpson and her friend Ron Goldman. Since Simpson had enough money and popularity, he was able to hire a highly specialized team of lawyers including two attorneys who specialized in DNA. At the time, DNA was a new type of evidence.
When a person has been charged with a crime, it's after the police have conducted an investigation. There are many times when the investigation has caused the police to arrest the wrong individual. The accused has the right to have their own investigation conducted by professional detectives working for the defense. Defense attorneys can have their own in-house criminal defense investigator to find facts and evidence that will proclaim their clients' innocence. (-- removed HTML --) Associate Degree Criminal Justice (-- removed HTML --)
Both sides will carefully weigh the strength of their case and decide whether it is prudent to go to trial. The prosecution may also consider the publicity surrounding the case and whether there is public pressure to prosecute that particular defendant to the full extent of the law. The defense will consider the individual defendant’s desire to go to trial and the seriousness of the potential sentence. The Pros of Plea Bargaining
The duty of any criminal prosecutor is to seek justice. A conviction is the end of justice being served prior to sentencing; however justice cannot be served if an innocent person is found guilty. Even though the prosecutor(s) are there to represent the public and has the duty to aggressively pursue offenders for violations of state and federal laws, they shall never lose sight or their own moral compass of their main purpose is to find the truth. In the pursuit of truth, the United States Supreme Court has developed or made rulings in reference to several principles of conduct which have to be followed by all prosecutors to assure that the accused person(s) are allowed the proper procedures and due process of the law granted by the 14th Amendment.
The innocent defendant will feel like there is no hope for them, with that being said they will accept any plea bargain that might not be fair so that they don’t have to spend an enormous amount of time behind bars. Now just because a prosecutor does their does job, does not mean that the procedures that they are following are unethical or illegal. With Plea bargains this relieves the court of a trial, and the prosecutor does not have to prove the case with a reasonable doubt. According to David Shetokas in Plea Bargaining in Criminal Cases most cases tend to plea. It states that 97% of federal cases will take a deal.
A criminal defense lawyer who understands the law, the process and has experience in the area of criminal law which applies to your situation can help you evaluate your options and make the right decisions. Article Source:
Reasons why the prosecutor is involved is because they decide whether criminal charges or an indictment should go against the defendant. All the states have provisions in their laws that allows for grand juries, half of them don’t use them. Grand jury is one of the first procedures in a criminal trial. Grand juries are mainly reserved
Jade Mimoso 9/10/15 Argumentative Essay 1 Do you think that Juvenile Justice Centers are beneficial for troubled teens? Well, they actually aren’t beneficial at all. I don’t think that they are beneficial because, some centers don’t help the troubled teens get on track, the center doesn’t have the same educational standards as regular schooling, and most of the kids that get out are still troubled.
The administration will need to take into account the fact that the overall crime rate is decreasing, even as murder rates climb, when they are making decision as to what laws to enact. Anyone who is accused of murder needs legal representation immediately. We are a full-service criminal defense firm and can assist persons charged with crimes from the lowest misdeamon to the highest level felonies. There are a number of defenses that may be employed in this situation, and we are work to determine which is the best for the defendant 's situation.
1. A paralegal is “A person who performs certain substantive legal work for and delegated by a lawyer”. Paralegals will assist attorneys with clerical duties along with, meeting clients and keeping in contact with them, assisting in trials, take care of legal documents and proceedings, as well as planning and developing case information. To me they are the lawyers “backbone”.
Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful towards a court of law and its officers in the form of behaviour that opposes or defies authority, justice, and dignity of the court. It manifests itself in wilful disregard of or disrespect for the authority of a court of law, which is often behaviour that is illegal because it does not obey or respect the rules of a law court. Basically, contempt of court means disobeying court of law and its decision in bringing justice.