This was later carried out through twenty-six other states, including the U.S., which created a precedent against the execution of the mentally ill in 1986. Even though the mentally ill cannot be executed, if the person who claimed mental illness is no longer mentally ill he or she can be executed. While the insanity plea proves that some criminals are mentally unstable, it should be used with caution because many convicted criminals abuse it during court cases, imitate being mentally ill during an examination, and are able to avoid the death penalty. Despite that the insanity plea can potentially help someone in defense for a mental illness case, many people can also take advantage of these precedents to alleviate their trials. The public in most insanity plea cases, do not typically agree with the rulings because most criminals use the
In many cases, the interests of the victim or his/her family mirror the state’s interests. But in other cases, those interests will diverge. For example, the family of a murder victim may understandably seek revenge in the form of the stiffest sentence possible, such as the death penalty. However, the prosecutor may opt to resolve the case expeditiously with, say, a life sentence. The fact that prosecutors represent the state doesn’t necessarily mean they can do whatever they want with a case and ignore the victim or his/her family.
Many news stories, reports, and books fairly describe wrongful convictions in detail, although not all of these wrongful convictions resulted in formal exonerations. Most witness misidentifications were made in good faith with the witness attempting to help officials find the real perpetrator of a crime, although this explanation does not examine the conditions under which these identifications were made. Some of the conditions that need to be taken into account are whether a photo was shown to a victim by the police before a lineup, whether the identification by the witness was hesitant, or if the victim was urged to be positive when testifying. Additionally, was the identification from the same race; was there prejudice, how much distance and duration of interaction was there between victim and suspect prior to identification and what were the viewing conditions; darkness or day light? With so many factors involved, it should be obvious to some why eye-witness misidentification can happen so frequently.
As though it is not a fundamental right to have an appointed counsel to those who cannot afford one, Betts v. Brady did bring up rather valid points. The Court goes back to the foundation of our “adversary system.” It claims that a person whom has no funds to obtain an attorney is more likely to have an unjust trial. The court states that much money is used to charge or “accuse” defendants of crimes they may or may not have committed. Prosecutors which are lawyers of the government are to be looked at as a necessity to keep public order.
In my opinion, I believe the jury selection process was conducted fairly and the final jurors selected to serve during the trial were selected properly, however I can also understand the defense’s concerns. Unfortunately, many people are unable to set their personal biases aside when it comes to race. People allow the skin color or religious beliefs of the accused, or the heinousness of the crime to cloud their judgement of the truth rather than let the evidence and witness testimony tell what really
Relying on eyewitness can cause an innocent person to go to jail for the rest of their life. As it stated in the article the man was arrested for so long and then at the end he was innocent and it was because of eyewitness. People don’t always recall what happened and sometimes they can make up stuff.
Thesis: Police interrogations can occasionally lead to false confessions due to misclassification, coercion, and contamination. I. The phrase “Innocent until proven guilty” is a popular statement among law enforcement and government employees, but this statement is not always upheld, as various errors, such as misclassification, are a major cause of false confessions. A. Misclassification errors are caused by “investigator bias,” where the investigator goes into the interrogation believing the suspect is guilty. (Keene)
Apart from all others there is an intentional tort that happens due to the intentional negligence or carelessness of the injurer such as one physically attacks another, etc. Responsibilities of a personal injury attorney If one wants justice immediately then seeking help from a personal injury attorney is necessary. An attorney can make easier to file the case, however they usually do assessments before accepting the case so that they can prove that there is a case before filing it. As there is a higher cost of litigation attorneys mostly recommend out of court settlements but if it does not happen they will represent you in the court as
The abuse of power is all around us, and Civil Forfeiture is no exception. The idea behind this process is something that could really help our country, but unfortunately when put in the hands of certain authority figures it loses that privilege and becomes increasingly negative towards American citizens. Of course there are many examples as to how Civil Forfeiture is not used properly, but the most obvious one is the abuse of innocent people. Police do not only target criminals but people who have done nothing to break the law. They do this in order to benefit themselves finically, as particular states have laws in place where the officer gets to keep one hundred percent of the money seized.