Recommended: Ethical dilemmas for defense attorneys t
In a retributive justice system, the state is tasked with bringing Blanco-Garcia to justice. The state will accuse Blanco-Garcia of murdering Vanessa Pham and hold an adversarial trial to determine whether he is guilty of the crime or not. An appointed defense attorney (DA) will represent Blanco-Garcia at trial. Due process demands that the defendant is afforded legal representation to argue matters of law on his behalf as well as to protect the defendant’s other due process rights. Likewise, the state will also be represented by a legal agent, the commonwealth attorney (CA).
3. Discuss the issue regarding the victims ' rights to notification regarding important proceeding, decisions, and actions related to their case. Under the first category of Victim’s Rights, known as The Right to be Informed, the textbook states, “all states provide victims with the right to be notified about important proceedings, decisions, and actions related to their case” (Hemmens, Brody, & Spohn, 2013). This includes the following victims are to be informed of: time and place of court proceedings, release of a defendant from custody, dismissal of charges, negotiating plea agreements, sentence imposed, and the defendant’s final release from confinement. However, issues can occur with notification from prosecutors to the victim.
1. i. Relevant Secondary Authority: 31 Causes of Action 2d 121 (Originally published in 2006) (Westlaw). ii. Violates right of publicity (Westlaw Research Skills Three). iii.
The case I will be concentrating on is Tomcik vs. Ohio Dep’t of Rehabilitation and Correction in which Tomcik was imprisoned under the custody of Department of Rehabilitation and correction, based on the Legal and Ethical Issues for Health Professionals book. The problem stimulated from continuous negligence from nurses and doctors at the department, which initially was when Tomcik received a physical evaluation, included the breast examination by Dr. Evans who stated that the examination was cursory and lasted only a few seconds, which means that not much attention was presented regarding the patient and his job. The next day Tomcik noticed a lump as being about the size of a pea in her right breast, however it was not reported by Dr. Evans.
In the case of Fare versus Michael C., the question at hand is whether a juvenile defendant requesting to speak with his probation officers was a violation of his Fifth Amendment right to remain silent. The important issue was to dissect rather Michael C. requesting to have his probation officer present was equivalent to an attorney representation. When informed that this was not possible, he waived his rights and made admissions. In 1979, police officers arrested sixteen-year-old Michael C. involving him in a murder that occurred during a robbery in the victim's home. Since the age of twelve, Michael had been on probation and had a long criminal offense background.
Unbeknownst to the respondent, his sister found an attorney to represent him. The attorney contacted the police and informed them of his representation, and the police responded that they were not questioning him at that time. Therefore, the police did not inform the respondent that he had counsel, and they misinformed his counsel concerning the timing of their interrogation. • J.D.B v. North Carolina- a North Carolina boy identified as J.D.B. was 13-year-old special education student in 2005 when the police showed up at his school to question him about a string of neighborhood burglaries. The police had learned that the boy was in possession of a digital camera that had been reported stolen.
(Craig Hemmens, 2017)” 3. What role did the defense attorney play in this case? What sort of defense did s/he mount for the defendant? Did s/he seem to perform to the best of his/her ability in regard to the case? Did s/he do anything that seemed to violate his/her duty?
The Pros and Cons of Plea Bargaining Disclaimer By: LawInfo When faced with criminal charges, a defendant often has one simple goal. That is, to minimize the potential penalty. Of course, being found innocent at trial, and being aquitted, is the best way to avoid jail time and other penalties.
David Feige’s Indefensible: One Lawyer’s Journey nto the Inferno of American Justice invites people from all walks of life to a second hand experience of the criminal justice system hard at work. What is most interesting about Feige’s work is its distinct presentation of the life of a public defender in the South Bronx. Instead of simply detailing out his experiences as a public defender, Feige takes it a step further and includes the experiences of his clients. Without the personal relationships that he carefully constructs with each of his defendants, Feige would not be able to argue that the criminal justice system is flimsy at best, decisions always riding on either the judge’s personal attitudes or the clients propensity towards plea bargaining.
Plea bargains are negotiations between the prosecutor and the criminal defendant. In this negotiation, the criminal defendant consents to pleading guilty. When the criminal defendant takes the guilty plea, he or she is able receive reductions in their charges or sentences. There are pros and cons of plea bargains, but these bargains can be doing more harm than good. Plea bargaining is a simple process but can have long term repercussions.
The NFPA stand for the National Federation of Paralegal Association which the headquarter is in Edmond, Washington that was started in 1974. They have approximately 11,000 members, which belong to 50 regional. Although, they have a website that provide a lot of information on a paralegal profession and valuable information. However, the NFPA prides itself on a professionalism case law, monitors legislation, changes of rules and ethics opinions that can affect a paralegal profession.
Some juvenile cases can be transferred to adult court through a process called "waiver”. Usually juvenile cases that are subject to waiver involve more serious crimes and incidents.. Although being tried as an adult has its pros and cons. A juvenile being tried as an adult has more constitutional protections then a juvenile case. However there is more potential for a more severe sentence and the possibility of serving time in an adult correctional facility.
With millions of criminal convictions a year, more than two million people may end up behind bars(Gross). According to Samuel Gross reporter for The Washington Post, writes that also “even one percent amounts to tens of thousands of tragic [wrongful conviction] errors”(Gross). Citizens who are wrongfully convicted are incarcerated for a crime he or she did not commit. Many police officers, prosecutors, and judges are responsible for the verdict that puts innocents into prison. To be able to get exonerated many wait over a decade just to get there case looked at, not many are able to have the opportunity of getting out.
Today our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).
Paul, the evidence from the DA’s office, the doctors, members of the Children's Institute International (CII) and clients. He had to work together with them to defend his case. This was shown when a plea bargain was offered to Ms. MaMartin. 2. How significant was discretion with respect to the defense attorney?
