quality as opposed to where resources are so squeezed (Neubauer‚ Fradella‚ 2015). Contribution of Over Burned Public Defense to Wrongful Conviction Defense lawyers fail to prepare for trial or to do proper investigations on the crime and the defendant’s background. The result is inability to interrogate the witnesses and experts and as such cases end up in wrongful convictions (Stuntz‚ 2011). Contrast between the Legal Representation Described by Bright to the Level of Representation Available to White-collar
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employment by drinking and blowing a ball of fire. Secondly‚ an employer is not responsible for the criminal actions of its employee as that is an intervening cause that the employer cannot control. As for the wrongful termination claim of Coleman‚ it should not be sustainable because wrongful termination must be based on discrimination because of race‚ sex‚ age‚ disability or religion under Title VII of the Civil Rights Act. However‚ if the employer terminated Coleman without an interview‚ he could
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History had left many with wrongful convictions‚ while no one can be certain of a person’s innocents‚ looking back it appears as if many trials were conducted poorly‚ and that the convictions of were based on unreliable and unbelievable circumstantial evidence. Now‚ only in hindsight‚ is it seen the errors made initially‚ and the failure of justice caused hysteria. Never is this more evident then in Arthur Miller’s play‚ The Crucible‚ and Edna St. Vincent poem‚ Justice Denied in Massachusetts. While
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One of the ways to toll the statute of limitations for legal malpractice actions is that the attorney(s) against whom the claim(s) is alleged serve as counsel for the plaintiff on the same subject matter within which the wrongful act or omission occurred. This would seem to require privity between plaintiff and the attorney(s). However‚ this is not the case when it comes to trustees who are represented in their capacity as fiduciaries. FACTS In 1999‚ Beverly Clark (Beverly) established a trust
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United States‚ the Supreme Court ruled that the prosecution is required to share exculpatory evidence with the defense of the credibility of the prosecution’s witnesses. This could include evidence that may even impeach or expose the witness’s misconduct. Since the prosecution is an officer of the court‚ it is their responsibility to ensure that all relevant information regarding the case is effectively communicated with all involved. United States v. Agurs The Supreme Court determined in United
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ASSINGMENT 2 With reference to decided cases and other relevant authorities distinguish the tort of malicious prosecution from false imprisonment. Malicious Prosecution is an action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without Probable Cause and for a purpose other than that of bringing the alleged offender to justice. Whereas false imprisonment
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ended after prosecutors withdrew tax fraud charges related to their earlier conviction in a $1.9 billion fraud case. Prosecutors said they withdrew the tax-related charges Wednesday against the Pennsylvania cable company’s founder John Rigas and his son Timothy because they weren’t likely to end in substantial additional jail time or restitution. Proceeding with the case wouldn’t be "a prudent expenditure" of prosecutorial resources‚ authorities said. Authorities alleged in 2005 the Rigases had
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that prevents coerced confessions from reaching the jury. “ However‚ these rules govern the admissibility of a confession into evidence only; they cannot be relied upon to determine false from true confessions. To combat false confessions and wrongful convictions‚ innocent defendants must turn to social scientists and expert witnesses to present evidence on the dynamics of false confessions. Since the DNA exonerations by the Innocence Project have conclusively proven the innocence of some confessed
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Michael Naughton‚ founder of the UK Innocence Project‚ a nonprofit advocacy group that works to free the wrongly convicted‚ said‚” People think that miscarriages of justice are rare and exceptional . . . But every single day‚ people are overturning convictions for criminal offences. Miscarriages of justice are routine‚ even mundane features of the criminal justice system” (Goldhill‚ 2014‚ p.1).The frequent and common instances of errors in the criminal justice system only further highlight the benefits
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In this new era of modernization and globalization‚ employers have become increasingly concerned about knowing if an applicant has a criminal record or mental illness. More employers are conducting pre-employment background checks for these kind of drawbacks. Employers have been the subject of large jury verdicts for negligent hiring in cases where they hire a person with a criminal record or a mental illness that might harm others or cause difficulties for the company‚ and it could have been avoided
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