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Fair trial in the trial process essay
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The Truth About Lawyers
Society often looks down upon lawyers. This is because lawyers have a long past of not being the most honest people. A lot of attorneys use many deceptive practices when they are presenting a case in court. A lawyer will need to do this when they are defending a criminal who is either thought or known to be guilty of a crime. Lawyers will sometimes, but not usually, lie to help their client. Many more will present a 'false defense' to defend their client. "...A false defense is an attempt to 'convince the judge or jury that facts established by the state and known to the attorney to be true are not true, or that the facts known to the attorney to be false or true'"(Mitchell 18). Although many people think attorneys should do whatever it takes to defend their client, lawyers should be prohibited from presenting a false case.
Citizens of the United States are innocent until proven guilty. Every person charged with a crime will need a trial to find whether they are innocent or guilty. They are also given the right to have a lawyer whether or not they can afford it. The lawyers we assign to the cases have to defend their client whether the person is innocent or not (Subin 5). If a lawyer knows his client is guilty but his client chooses to plead not guilty, the lawyer must do what the client requests. "...The lawyer is not to consider whether the client's cause is right or wrong . . . " (Katsh 2). This helps people to receive the trial the Constitution promises them. "A false defense may be necessary to preserve the rigorous process by which guilt is determined" because, if a false defense was not used, some people would never get a trial because no lawyers would defend them (Subin 13). Th...
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...997: 7-10. SIRS Knowledge Source. Internet. 31. Oct. 2000. Available http://sks.sirs.com/cgi-bin/hst-cl929-s11492wrdtype=ART&artno=017244.
Macdonald, A. M., ed. Webster's Dictionary: New Edition. New York: Pyramid Communications, Inc., 1972.
Mitchell, John B. "Reasonable Doubts Are Where You Find Them: A Response to Professor Subin's Position on the Criminal Lawyer's 'Different Mission.'" Georgetown Journal of Legal Ethics. Vol. 1. 1987. Rpt. in Taking Sides: Legal Issues. Ed. M. Ethan Katsh. Guilford, Connecticut:The Dushkin Publishing Group, Inc., 1995.
Subin, Harry I. "The Criminal Lawyer's 'Different Mission' Reflections on the 'Right' to Present a False Case," Georgetown Journal of Legal Ethics. Vol. 30. 1987. Rpt. in Taking Sides: Legal Issues. Ed. M. Ethan Katsh. Guilford, Connecticut: The Dushkin Publishing Group, Inc.,1995.
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
Criticisms of lawyers are the topic in Richard A. Wasserstrom's article "Lawyers as Professionals: Some Moral Issues." Wasserstrom broke this topic into two main areas of discussion. The first suggests that lawyers operate with essentially no regard for any negative impact of their efforts on the world at large. Analysis of the relationship that exists between the lawyer and their client was the second topic of discussion. "Here the charge is that it is the lawyer-client relationship which is morally objectionable because it is a relationship which the lawyer dominates and in which the lawyer typically, and perhaps inevitably, treats the client in both an impersonal and a paternalistic fashion."
It is more difficult for governments to provide adequate salaries to public defense lawyers and the result is that these lawyers are often more inexperienced (Fairfax, 2013). Since the amount of defendants who are unable to afford private counsel has increased, public defense lawyers are also overworked. It is not uncommon for public defense lawyers to juggle hundreds of cases simultaneously (Fairfax, 2013). In other words, the system is unable to handle the volume and has therefore resorted to avoiding the trial process whenever
Legal dramas have long been popular subjects for popular culture media. In the early days, television and film lawyers were typically portrayed as upstanding citizens but the recent trend has been to show lawyers in a less flattering light. UCLA Professor of Law Michael Asimow believes this is problematic. In Law and Popular Culture: Bad Lawyers in the Movies, Asimow discusses that while the depiction of lawyers in film is a reflection of popular opinion, it is also a force for the formation of new opinions, with perhaps unintended consequences. Columbia Law Professor William Simon also examines how lawyers are depicted in popular culture but presents a different viewpoint. In Moral Pluck:Legal Ethics in Popular Culture, Simon discusses a public morality that is accepting of ethical rule breaking when in the interest of correcting injustice, and seems to suggest that the study of popular culture might lend itself to revisions in ethics standards. Both authors seem to agree that the public perception of what is ethical and moral behavior for lawyers may be different than the state perceives it is or should be, but while Asimow suggests popular culture tends to put down lawyers, Simon suggests popular culture tends to make heroes of them. Although these seem to be opposing views, they both emphasize the important role that popular culture can play in measuring and determining ethical standards.
The New York Times bestseller book titled Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case examines the O.J. Simpson criminal trial of the mid-1990s. The author, Alan M. Dershowitz, relates the Simpson case to the broad functions and perspectives of the American criminal justice system as a whole. A Harvard law school teacher at the time and one of the most renowned legal minds in the country, Dershowitz served as one of O.J. Simpson’s twelve defense lawyers during the trial. Dershowitz utilizes the Simpson case to illustrate how today’s criminal justice system operates and relates it to the misperceptions of the public. Many outside spectators of the case firmly believed that Simpson committed the crimes for which he was charged for. Therefore, much of the public was simply dumbfounded when Simpson was acquitted. Dershowitz attempts to explain why the jury acquitted Simpson by examining the entire American criminal justice system as a whole.
(2016). Lesson 3: Ethical Perspectives. In Professionalism & Ethics in CJ: Spring 2016. Retrieved from
The Avalon Project at the Yale Law School. Ed. Fray, William C. April 2000. Yale University. 1 May 2000. (http://www.yale.edu/lawweb/avalon/wilson14.html)
A study found that public defenders have an “average sentence … [that] was almost three years longer than the average for clients of private lawyers” (Hoffman). In addition, the same study found that most criminal defendants are “marginally indigent,” or afford to hire a private lawyer with their friends and family pitching in to pay the costs (Hoffman). As a result, the accused opt for hiring a private lawyer to represent them in court. This doesn’t mean that a private lawyer could secure a win for the defendant, with more time and resources dedicated, a stronger argument could be made to prove the defendant’s
...caseloads, and more often than most realize they may plea-bargain a case that in fact should be prosecuted. I have no intentions of trying to judge their actions, simply because I truly appreciate the position they are in.”
As per request of the first assignment of this course, I watched the movie “A Civil Action” starring John Travolta (Jan Schlichtmann), as a plaintiff’s lawyer and Robert Duvall (Jerome Facher) and Bruce Norris (William Cheeseman) as the defendant’s lawyers of W.R. Grace and J Riley Leather companies. The movie depicted the court case fought in the 1980’s among the previously mentioned companies and the residents of Woburn a little town located in Massachusetts. After watching the movie, an analysis using the ethical tools reflected in the chapter 1 of the course textbook will be used to portray the ethical issues of the movie.
I believe the nice thing for everyone to say is that they would stand by the truth. That would be if we, as a society, could really believe that the truth always wins out. However, realistically we know that bad things happen to good people and not always does good triumph over evil. I know that for myself I honestly think that being trapped like that, I would stick with the lawyer. For me being in that situation, I would be too scared to take the chance that the lawyer with the good, honest tactics could get me off. I would be too scared to not go with what seems to be a good thing. My attitude would probably be that since I am being falsely accused in the first place, then it would be fine to use whatever means necessary to have me acquitted.
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
Weiss, M. S. (2005). A Study of Public Defender Motivations. In Public Defenders: Pragmatic and Political Motivations to Represent the Indigent (pp. 1-10). [Ebscohost]. Retrieved from http://search.ebscohost.com/
... middle of paper ... ... Gonzaga Law Review 33.3 (1998): 653-668. HeinOnline.com -.
The Analysis of Solicitors and Barristers 1) Describe the main differences between solicitors and barristers with regard to work and training. 2) Discuss the advantages and disadvantages of having a single legal profession. 1) Background The legal profession is largely middle class, partly due to the lack of funding for professional courses. In 1999, ethnic minorities formed 8.5% of the Bar and 5% of solicitors.