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Issues in criminal justice
Introduction to the criminal case
Criminal law issues
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What problems do defense attorney’s face? Defense attorney play a major role in a case. A have to sometimes defense attorney job is to defend individuals and companies charged with criminal activity. Defense attorneys deal with uncooperative client as they try to provide representation. Defense attorneys rely on their client being honest and how accurate the information is that their giving. If a client lies or decides to tell part of the truth which is withholding evidence this will make the attorney look foolish when they go to court. These attorneys have to deal with shady people and defend criminals. People that have done terrible things, people that have affected someone’s life for the worse, people that have did things to hurt others,
Most of these defendants couldn’t afford private attorneys and depended upon public defenders. For instance, Joe Moore had two prior convictions and was facing a maximum of a 90 year sentence for selling three grams of cocaine. However, Moore begged his public defender to call Eliga Kelly to stand in his defense. Moore claimed that Kelly witnessed him shoe Coleman off of his property. For whatever reasons, his public defender never bothered to call Kelly to the stand or even question him privately. After all, Eliga Kelly was considered a star witness for the prosecution, but, as a result of that negligence, Moore was sentenced to 90 years. Unlike most criminal informants, Eliga Kelly refused to lie under oath and in a subsequent trial for a different defendant, the prosecutor called Kelly to the stand. Kelly contradicted Coleman’s testimony by naming several defendants, including Joe Moore, who refused to sell drugs to
A Paralegal is defined by the American Bar Association as a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. Paralegals work under direct supervision of an attorney and follow the same ethical rules of the ABA as a lawyer does. ABA Rule 5.3, states that a lawyer must give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. Per the State B...
There are many Legal culture groups, so when joining or interviewing for a position insure you understand the following:
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.
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."
In the 21st century, crimes have been and remains as one of the post-major threats towards
Communication between an attorney and its client is crucial during a trial. The attorney - client privilege is a legal privilege between the client the and the attorney assuring the privacy of the client. There have been many cases where the attorney and client privilege has become an issue and most people believe that an attorney should break his/her privilege when the client confesses of harming more than one victim. When it comes to an attorney and a client it is important for both parties to understand each other, and assure that each conversation such be between client and attorney only.
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
Attorneys ensure that society has a place to seek and obtain justice, giving confidence that restitution and retribution can occur within the law. Attorneys have a difficult job. They must know the laws like they know the back of their hands. Attorneys attend school just as long or even longer than most doctors. They have the difficult job of defending their clients or prosecuting the bad guys.
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/
One of the essential, yet often ignored aspect of the criminal justice system, is the criminal defense attorney. Criminal defense attorneys are essential because, under the Constitution, everyone accused of a crime has the right to an attorney to help them in their case. Moreover, the Supreme Court has determined that this right to an attorney in a criminal case is so fundamental to the American system of justice, that even in those circumstances where a defendant cannot afford his or her own attorney, the state, shall provide an attorney to them free of charge (Gideon v. Wainwright, 1963). As the Court stated in Gideon, a criminal defendant, “requires the guiding hand of counsel at every step in the proceedings against him, without it, though he be not guilty, he face the danger of conviction because he does not know how to establish his innocence” (Gideon v. Wainwright, 1963). Finally, criminal defense attorneys are essential because they are necessary to the effective working of the American adversarial system of law.
1. Judicial Review is the power of a court to review actions and decisions made by other agencies of government. By using judicial review, the court decides what laws and lower-court decisions keep with the intent of the U.S. Constitution pg. 289 2. Public defender is an attorney employed by a government agency or sub agency, or by a private organization under contract to a government body, for the purpose of providing defense services to indigents, or an attorney who has volunteered such service.
In this scenario, I have decided to report the incident to the district attorney. This decision required a lot of information to be thought through carefully. This situation is an ethical dilemma and the decision to go to the district attorney is most rationale option. Every decision that is made requires balancing concerns such as prosecuting the guilty, respecting the rights of the accused, protecting victims all while creating and maintaining a safe community. Though, decision making isn’t the easiest, we can always make the best choice when we think things through and understand the different ways to approach the situation(s).
At present, many cases are never prosecuted for one reason or another. For example, in about 40 percent of federal embezzlement and fraud cases, charges are dropped because of insufficient evidence to convict, given the resources at hand.85 In some instances prosecutors "deputize" attorneys to try cases, too. Many private attorneys have criminal experience as former prosecutors or public defenders. A logical extension of private preparation for trial is the complete privatization of the prosecutor's job by contracting out. Private attorneys, of course, are often appointed on a pro bono basis for criminal defense. Private attorneys could be deputized for a single trial or for ongoing prosecutor's work, either pro bono or under contract.
There happens to be many legal duties of a criminal justice lawyer. For starters, criminal defense lawyers have a duty to keep all of the discussion between them and their client completely confidential. This is often referred to as