Lawyers are present during interrogations to convince the cops the person is innocent. If someone can 't afford an attorney one is appointed to the person. The court found it necessary to mandate notice to defendants about their constitutional rights. The complete meaning and reason of Miranda Rights. Miranda Rights are used during anything involving the police or court.
This is important for the offender to hire a defense attorney because they’re able to help protect the party or parties from making sure the the law is working as it should. If no attorney is present than the judge is able to delay your case until the offender is able to consult with a lawyer. However, the prosecutor will have to follow cases throughout the judicial process which involves organization skills that’s among the staff and as well as the facility, communicating with all involved parties, this requires the police and other professionals that are involved and most important coordination with additional attorneys (Study.com 2003-2017). It’s a must that a prosecutor is punctual in their attendance. It’s a must as a prosecutor not to overload your cases without additional help from a criminal staff.
American sniper Chris Kyle was murdered February 2, 2013. His murderer Eddie Ray Routh plead insane and blamed mental illness, he was found guilty of his crimes and sentenced to life in prison after the evidence of him ordering fast food after the murder was brought forth. An act he cannot perform with his “mental illness.” Ruth Lee Johnson J.D. graduate of Harvard Law school writes about the defense saying “Insanity is a legal term, not a medical term.” This gives the jury the power to determine insanity, opposed to a psychologist. Does the jury have the qualifications to make such decisions and even if some are truly insane how can you differentiate between them and those who want an easy way out?
It also guarantees that life, liberty and property cannot be taken away without the due process of law. The Sixth Amendment allows for one accused of a crime to have a trial and a jury. The accused has the right to know what crime they were accused of, and has the right to hear all witnesses against them. The accused have the right to call witnesses to court. The accused is also guaranteed a lawyer, if they cannot afford one, the government must provide one.
Guilty! Most defense attorney believe in the principle that says,’ better 10 guilty go free than even one possibly innocent person being convicted’. In the novel Monster by Walter Dean Myers, Steve Harmon is a 16 year old boy from Harlem, New York that was accused of being a look out for a robbery. This robbery resulted in the killing of the of the owner, Mr.Nesbitt, and became a felony murder. Steve is put on trial that could result in 25 years to life in prison if he was guilty.
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. In the 1963 ruling in Brady v. Maryland, the United States Supreme Court ruled that any government state or federal has the duty to disclose to a defendant and his counsel any exculpatory information or evidence in its possession.
If the officers had used the correct process and made Miranda aware of his right to remain silent, his confession could have been used in trial. Since his confession could not be used, Miranda was not convicted. These, although very different, cases both support that due process holds the upmost importance in
He had been found guilty by the jury after deliberating for just under an hour. Charges included possession of cocaine, resisting arrest without violence, possessions of paraphernalia, and aggravated assault with a deadly weapon. Added to the substantial evidence against him, the prosecutor referenced his prior criminal during the sentence, in an attempt to sway the judge to levy a harsher punishment. It’s possible to say that from the very beginning, the defendant was in a tough situation, and really squandered an opportunity to get a shorter sentence. During the sentencing, the defendant asked the judge to assert a punishment he deemed fitting for the circumstances of the crime, but also considerate enough where he had the opportunity to be with him family as soon as possible.
There are limits to their power. Throughout history, there have been several cases that helped shed light on the rules and regulations of searches and seizures. If I was given the opportunity to give a basic course to police officers about the legal boundaries of searches and seizures that is to guide them in their activity, I would inform them on the correct manner of handling a search and seizures to stop any unlawful behavior. In the first lesson of the course, I would inform the police officers to know the difference in between reasonable suspicion and probable cause. Before even going into huge detail about that, I would make sure the first thing you have is a warrant because you need one before any search.
Due process is based on the 5th, 6th and 14th Amendments, the constitutional amendments are to make sure that a person cannot be accused of a crime without a grand jury investigation, they have the right to an attorney and a person should not be deprived of life. For example if a person was being accused of robbery but there was no evidence that this person did the crime he/she would need to be represented by an attorney to plead their innocence than the case would be taken in front of a jury for them to deliberate on whether this person should be found guilty