Right to Counsel Resha Harris CJA/364 May, 16, 2012 Gary, Looney Right to Counsel When a suspect is arrested and charged, he or she has the right of a counsel with an experienced attorney. In cases, which he or she cannot afford a lawyer the state has to provide one for the accused? “Police interrogation was a major concern. Without representation by counsel, the defendant is alone and vulnerable to improper police tactics. In two late 1950s cases, Crooker v .California (1958) and Cicenia v. LA gay (1958), dissenting justice argued that voluntary confessions should be excluded on the grounds that defendants requests for attorney were denied (Zalman, p., 2008).
Ultimately, the facts and arguments should be examined on both sides so that a decision can be made on whether to keep jury nullification the same or whether it is in the nation’s best interest to change it by either limiting it in some way or abolishing it completely. Jury nullification defined in the legal dictionary, is the acquitting of a defendant by a jury in disregard of the judge's instructions and contrary to the jury's findings of fact. In simpler terms it is when a jury refuses to convict a defendant because the law is being unfair. It is a very rare situation when a jury nullifies itself. It is said to happen in about three or four percent of criminal cases that go to trial.
Should Juries be used to determine a verdict? Fayaz Aleem Jurors are average people, and average people are not knowledgeable or experienced enough to make a decision that could greatly impact someone's life. Being put on trial by a jury of your peers is the foundation of the judicial system for the United States but, it's wrong. Guilt and pressure that comes from having to make a decision that could affect someone's life is dangerous. Although juries are intended to be fair and balanced, and are in theory supposed to prevent biased, incompetent people having that kind power.
The second situation states: While passing Makoto’s house one night, Sarah sees Makoto outside with a laptop computer. Holding Makoto at gunpoint, Sarah forces him to give up the computer. Then Sarah runs away with it. In this situation I would think that this would fall under aggravated robbery. Robbery is defined as the taking of cash, personal property, or any other article of value from a person by means of force or fear (Miller & Jentz, 2008).
Analyze the following case study and determine how the evidence could be documented Three people were involved in the robbery of a local computer store – the defendant, an unknown masked accomplice who entered the store with him and the driver of an automobile that the trio used to get away. A passerby noticed the plates of that vehicle as the robbery was in progress and reported it to the police. The vehicle was later traced and discovered to have been stolen two days before the robbery. The car was recovered and the defendant’s fingerprints were found on the passenger door panel. 1.
The prosecution must without a reasonable doubt prove the defendant is responsible for committing the crime. And in doing so must remain within the regulations of the courts. Sometimes the prosecution’s personal, ethical. Organizational, or political beliefs can becomea driving force into a trail which can have negative effects on the courts when misconduct occurs or mistakes are made. When misconduct or mistakes are made it can have very damaging effects on individuals and their lives, but also to the credibility of the criminal justice system.
"Prosecutor Says Officers Hit Passengers in King's Car," L.A. Times, March 6, 1993. King then grabbed his buttocks which Officer Melanie Singer took to mean King reaching for a weapon. King was later found to be unarmed. She drew her pistol and pointed it at King, ordering him to lie on the ground. Singer approached, gun drawn, preparing to effect an arrest.
This does not attest to the validity of the case just that the court will not be able to come to a remedy for the case. This motion has quite a bit to do with legal duty. http://encyclopedia.thefreedictionary.com/motion+to+dismiss Right to a Trial by Jury, this is everyone’s constitutional right. Any one accused of a crime or being sued has a right to a trial by jury. A jury being a group of our peers, put together to hear the evidence in the case and come to a legal solution or judgment.
Even though “in some jurisdictions, paralegals are permitted to assist clients in preparing certain documents.”(Goldman, Thomas. F & Cheeseman, Henry. R 2011 pg.44) But that can be a tricky situation because Sally would have to know the law on that subject pertaining to the state she resides in. Legally I do not think there is anything Sally can do to help Molly maybe except tell her she needs to talk to a lawyer or get one of those self-help kits that have legal forms in them. Since Molly says she cannot afford a lawyer she needs to look into whether or not her state offers free legal services or advice.
The courts had to consider whether the witness had a good chance to see the criminal, how much the witness was paying attention, how accurate the witness's description was, how certain the witness was and how long have time had passed between the crime and the identification of the criminal. These are the guidelines that the Supreme Court set which must be considered in a case however, no clear rules for how exactly to apply those factors (Hill, 2008). The case I found that cites Neil v. Biggers was Manson v. Brathwaite. In this case an undercover officer bought drugs in hallway of an apartment building through a cracked door. The undercover officer immediately gave the description of the dealer (Hill, 2008).