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Recommendations for the collection of evidence
Ethic dilemma encountered by lawyers
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Recommended: Recommendations for the collection of evidence
Lawyers should be expected to vouch for the true evidence they present in court; as long as it is legitimate and reliable. Personal connections and investments made during a trial will create an obvious bias, but intentionally seeking unreliable and tenuous evidence is immoral to the case, and is where the boundary should be drawn. In "Witness for the Prosecution", Mr. Mayherne did not do enough to support Mr. Vole's actual case, but the one he wanted to believe; going out of his way to find evidence that supported Mr. Vole's claims without actually investigating his statements in a credible manner. Mr. Mayherne should not have worked mostly on developing the evidence of the letter he rooted out of a fictitious source, but rather the evidence
a. Victor Burnette lived in Richmond, Virginia in 1979. He cared for his blind and arthritic grandmother at night and was getting ready to get his career started. However this all change on the 5th of August that year, when a local woman identified him as the man who raped her. When DNA testing was done in 2009 it confirmed that he was not the attacker. It had taken 20 years for Burnette to clear his name. [Exoneration Case Detail. 2014]
The movie did show that one prospective juror was questioned about certain aspects of the trail. In real life the jurors are questioned by both sets of attorneys and occasionally the judge. Vinny at this point starts doing what an Attorney should do. He started doing is own investigations as well as his own interviews of the witnesses. As any defense lawyer should have and would have been doing from the first part of the case. Vinny had a very late start of the investigation part of the case at hand. As with most lawyers today the investigation is a primary part of any case before, during and at the closing. Lawyers want to have all their bases covered as to not have any surprises they are not ready to address. In the movie Vinny found that each witness had problems with their creditability as to what they saw during the perpetration of the crime being heard by the
In the film, A Civil Action, Trial Procedure was shown throughout the entire movie. There are many steps that need to be completed before a verdict and judgment can be reached. These steps are the pleadings, methods of discovery, pretrial hearings, jury selection, opening statements, introduction of evidence, cross examinations, closing arguments, instructions to the jury, and the verdict and judgment. The case in this movie was actually called Anderson v. Cryovac. The plaintiffs are the Anderson family, the Gamache family, the Kane family, the Robbins family, the Toomey family, and the Zona family. The plaintiffs’ attorneys are Jan Schlichtmann, Joe Mulligan, Anthony Roisman, Charlie Nesson, and Kevin Conway. The two co- defendants are W.R. Grace and Beatrice Foods. The two co-defendants’ attorneys are William Cheeseman, Jerome Facher, Neil Jacobs, and Michael Keating.
Seymour Wishman was a former defense lawyer and prosecutor, and the author of "Anatomy of a Jury," the novel "Nothing Personal" and a memoir "Confessions of a Criminal Lawyer." "Anatomy of a Jury" is Seymour Wishman's third book about the criminal justice system and those who participate in it. He is a known writer and very highly respected "person of the law." Many believe that the purpose of this book is to put you in the shoes of not only the defendant but into the shoes of the prosecutor, the judge, the defense lawyer and above all the jury. He did not want to prove a point to anyone or set out a specific message. He simply wanted to show and explain to his readers how the jury system really works. Instead of writing a book solely on the facts on how a jury system works, Wishman decides to include a story so it is easier and more interesting for his readers to follow along with.
In Dan McCall’s essay, “From the Reliable Narrator,” McCall stresses that the lawyer/narrator should be viewed as a reliable and trustworthy source. His perspective on the lawyer a “distinct minority”, as he feels very few view the lawyer in that way. Many critics see the lawyer as the opposite of McCall, and inforce that the lawyer is unreliable and blameworthy. That he is a representation of ‘consumer capitalism” and the he ‘is simply incapable of recognizing-the political and economic forces that have made him what he is” (McCall, 272). McCall uses other critic’s perspectives in order to reflect light on his own. He explains that the lawyer is someone he trusts, when he first read it at the age of eighteen and even now, because the lawyer
There are certain standards that the courts use to determine competency. In order to find the accused competent, a court should find out by a preponderance of evidence that the defendant has remarkable ability to consult with his lawyer with a reasonable degree of rational indulgence. The def...
Kassin, Saul, and Lawrence Wrightsman (Eds.). The Psychology of Evidence and Trial Procedure. Chapter 3. Beverly Hills: Sage Publications, 1985. Print.
The job of a criminal lawyer is quite difficult. Whether on the defense or the prosecution, you must work diligently and swiftly in order to persuade the jury. Some lawyers play dirty and try to get their client off of the hook even though they are guilty without a doubt. Even though the evidence is all there, the prosecution sometimes just can’t get the one last piece of the puzzle to make the case stick and lock the criminal up. Such is the case Orenthal James Simpson.
The novel Theodore Boone: Kid Lawyer has a very in-depth conflict that is showcased all throughout the novel. In Theo's community, there is a high-profile murder trial about to begin. Mr. Pete Duffy, a wealthy business man, is accused of murdering his wife Myra Duffy. The prosecutors have the idea that Mr. Duffy did it for the one million dollar insurance policy he took out on his wife earlier, however they have no proof to support this accusation (Grisham 53). The defendants do however have the proof that no one saw the murder, for all everyone knew, Mr. Duffy was playing his daily round of golf at the golf course right by his house. As the trial moved on, the jury was starting to lean towards letting Mr. Duffy walk a free man. To this point, there has been no proof to support the prosecutors statements that Mr. Duffy killed h...
Courtroom Assignment Post 1 We have a packed courthouse here in Maycomb county today folks, for the Tom Robinson trial. Tom Robinson is on trial for rape charges. He is a black male in his late 20’s. The layer who will be defending Tom is Atticus Finch.
For this book report, I decided to read Hugo Münsterberg's On the Witness Stand. This book contains essays on psychology and crime and eyewitness testimony. Today this book is used as a reference for many issues in forensic psychology. For this report, I focused on two chapters of the book: Illusions and the Memory of the Witness. I am going to first summarize the two chapters I read then talk about what was going on at the time this book was written. I will then report some of the research in the book, and finish with my opinion on how this book has contributed to the literature and how it relates to the current knowledge of forensic psychology.
In Anatomy of a Murder, there were four expert witnesses, Dr. Smith, Dr. Harcourt, Dr. Raschid, and Dr. Dompierre, who testified during the trial and gave their respected opinions based on their expertise about the evidence and stipulations raised. An expert witness is defined as a witness who has special knowledge or training in a specialized area (Gardner & Anderson, 2013, pg.123). The opinion of an expert witness may be admissible if the opinion is being given about a subject that can clear issues in the court. To determine whether or not the expert witness testimony is admissible, it must meet the requirements of the Federal Rules of Evidence 702-704. In addition to reviewing each of the three Federal Rules of Evidence, I reviewed each of the four expert witness testimonies and analyzed whether or not each testimony complied each Federal Rule of evidence.
Fradella, H.F. (2006) Why judges should admit expert testimony on the unreliability of eyewitness testimony. Federal Courts Law Review. Retrieved from http://www.fclr.org/fclr/articles/html/2006/fedctslrev3.pdf
With law enforcement lying, it makes it hard for citizens to depend on law enforcement. In the article, “All the Court’s a stage, and All the Lawyers Players: Leading and Misleading the Jury” Richard Zitrin and Carol Langford explain what really happens in the courts. They state, “Abraham Dennison is the most successful trial lawyers in Port City. He is smoother than silk outside of the courtroom, but in court he takes on a bumbling, aw-shucks persona.” They explain how Dennison changes the clothes he wear, and his clients to look like they are not privileged. He even dumbs down he’s speeches when talking. I might have to say it is a very smart tactic to win over the jurors. The main goal in court is to sell your client to the jury so they will feel bad for him/her. According to this article, “Dennison tells his young associates to ‘select a biased jury, it wins the case.’” By picking the right jury you can sell your clients innocence. It is sad you have to bend the truth in order to win a case. The fact one has to pick the right jury who would feel sorry for one, and act like one is uneducated in order to win a case is sad. This is bending the truth to people thinking something totally different. One should win a case by the facts, not how you hold yourself. An example of lawyers actually lying to win a case of a guilty man is the ‘affluenza’ case. In the article “Before
proof for the law to believe him. Due to him being a lawyer, he has