The defense attorney’s legal counsel to clients must be
The defense attorney’s legal counsel to clients must be
Evidence must be gathered lawfully or else the prosecution is at risk of it not being able to rely upon in any consecutive hearing or trial as a judge could rule that the evidence is unreasonable.…
The prosecutor is accountable for exhibiting the state’s evidence as well as presenting and preparing the state’s case against the accused. It is also the prosecuting attorneys responsibility to decide which matters should be tried or not. It is the prosecutor who makes these determinations based on a several sets of criteria. Most prosecutors will study the evidence against the accused, study the crime, as well as many other factors.…
In 1985, Orenthal James Simpson married Nicole Brown Simpson. Several years later, the couple had filed for divorce. Throughout their marriage Orenthal was allegedly abusing Nicole. On June 13, 1994, Nicole Brown Simpson and Ronald Goldman were found dead outside of her Los Angeles home. Both victims had multiple lacerations across their faces and necks. Also, the wounds in their necks were very severe and exposed their larynxes. The police believed the crime was committed between 10:15 and 10:40 p.m. Soon enough, Orenthal was arrested because the LAPD believed he was the main suspect in the double homicide case. When he was arraigned, OJ pleaded not guilty to the charges of first degree murder.…
The collection and application of evidence have become essential to criminal investigations and prosecutions. Clear and convincing evidence could prove a crime that has been committed, establish key elements of a crime, target a suspect and someone associated with a crime, exonerate the innocent, corroborate a victim’s testimony, and assist in establishing the facts of what occurred (McEwen). Although evidence plays a significant role in prosecutions, there are still many cases involving misuse of evidence, which results in the conviction of an innocent person. In the case of “Trial by Fire,” due to the misuse of evidence by the fire investigators, the State of Texas wrongfully executed Cameron Todd Willingham who was convicted of murdering…
Chapter 5 describes how, within the last century, mounting scholarly evidence has exposed institutional flaws within our judicial and police systems, resulting in the convictions of innocent persons for capital crimes. In some cases, overzealous behavior by police and prosecutors, led to the imprisonment of “factually” innocent defendants. While police sometimes coerced confessions or failed to conduct full investigations, prosectors and judges failed to evidence which might exonerate the defendant. Other judicial violations found through study included failure to follow courtroom procedures related to rule of law. One of the first wrongful conviction initiatives was through a congressional investigation in 1912. Although a noble undertaking for its time, the reports was flawed in its evidentiary compilation. The data was poorly collected and its findings poorly deduced. According to the report, no innocent person had been executed by the Federal government.…
The prosecutor is responsible for presenting the states evidence and preparing the states case against the accused. It is up to the prosecuting attorney to determine which cases should be pursued and which to let the charges drop. The prosecutor makes these decisions based on a variety of criteria. They will look at the evidence against the accused, the crime itself, the history of the accused as well as many other factors.…
In Brandon L. Garrett's book, Convicting the Innocent: Where Criminal Prosecutions Go Wrong, he makes it very clear how wrongful convictions occur and how these people have spent many years in prison for crimes they never committed. Garrett presents 250 cases of innocent people who were convicted wrongfully because the prosecutors opposed testing the DNA of those convicted. Garrett provided simple statistics such as graphs, percentages, and charts to help the reader understand just how great of an impact this was.…
It is somewhat an oxymoron to consider yourself a prosecutor and a good person. Paul Butler writes describing the discrepancies with progressive prosecutors who believes they are able to change the “definition” of a prosecutor. Butler defines a prosecutor as someone one who is “more part of the problem than the solution” and a person who is “geared toward punishing people whose lives are already messed up.” Furthermore, Butler qualifies his definition of a prosecutor by saying the job of some prosecutors is to “mitigate the harshness of the system.” This is a failed attempt to mend the system because their principal work applies the criminal laws instead of ameliorating its negative effects.…
O.J. Simpson is a very powerful man that revolutionized the idea of a criminal trial. The well known former National Football League player and actor, was tried for the murder of his ex wife Nicole Brown Simpson, and waiter Ronald Lyle Goldman. The trial was broadcasted throughout the country and became part of people's lives. It lasted for almost a year, however on October 3, 1995, Simpson managed to walked out acquitted. To reach such results, Simpson took advantage of his juror's life experience; by making himself sound relatable, also, the prosecution was not well prepared and made several mistakes.…
If you've been arrested for driving under the influence, or DUI, you're probably worried and confused about what's going to happen to you. If you're like a lot of people, a DUI arrest is your first brush with the criminal justice system, and it can be scary. While you can represent yourself, it's best to hire a criminal defense attorney. Here's why.…
Within the criminal trial process, natural tensions ordinarily occur between all participants and procedures of which the system operates, for example Investigation, Trial and Sentencing are three key processes within the criminal justice system that require an appropriate amount of discretion in order to properly and lawfully achieve justice.…
It is very important for the city council and commissioners to understand and appreciate the value of forensic evidence because all funds have to be approved by elected officials and they have to provide oversight for LEO to help prevent violations of funds. Forensic processing and evaluations can be costly and failure to conduct a timely use can lead to a law suit against the city and county. Neither city nor the commissioner wants a law suit against them. Forensics is very important for the commissioner, city council and other people that’s have something to do with running a town to appreciate and understand the value of it. Forensic gives an insight on someone innocent or to prove them guilty and the commissioners should be appreciative of that.…
Prosecutorial Discretion is the prosecuting attorney having complete authority on the turnout of a case. The prosecuting attorney has discretionary power over matters that involve "whether or not to bring criminal charges, deciding the nature of the charges, plea bargaining, and sentence recommendation" (U.S. Legal Inc, 2016, p. 1). Prosecutors are not obligated to take a victims accusations and represent it in front of a jury. However, the prosecutor is obligated to listen to the story, analyze the evidence, and then decide if they want to move ahead with the case (Bazelon, 2006, p. 2). The discretion comes into action when the prosecutor has analyzed the evidence and learns whether or not the case can be won with the evidence provided.…
First of all, prosecutors should be concerned with current crimes, not ones that no longer have any relevance to the community because it is a waste of time to focus on a very old crime. Due to the fact that as criminals get older, they become less active and may no longer be a threat to the society. The data from Federal Bureau of Investigation on crime in the US shows that crime rate decreases when the age of criminals get older. Moreover, new criminals appear every single day. They come up with some new tricks or strategies. Thus, police officers and prosecutors should focus on current crimes in order to provide best safety to the society.…
I think that it is important to use proper methods when collection evidence from a crime scene because if you don’t you risk contaminating the evidence and then it will not be able to be used in court.…