The court held that in the instant case the court had either found that these conditions were met or they were undisputed. Therefore, the communication was privileged and protected from disclosure. I believe the criteria set forth in RFF Family Partnership, LP v. Burns & Levinson is a very practical and rational one. It allows the lawyer to protect and serve his fiduciary duty to his client, and at the same time if a conflict should come up, it allows the lawyer to seek advice of a lawyer without the fear intimidation by way of disclosure. Such privileged communications lead to resolutions in resolving existing conflicts, and avoiding potential conflicts.
It is not considered jury tampering because the prosecution and defense attorneys have the right to know the credibility of the person that would be deciding the fate of the defendant. Why or why not? The only way that I would see it being jury tampering is if after the jurors are chosen, someone starts threatening or trying to coerce the witness to not testify at the trial. Lawyers can also exercise a challenge for cause claiming the juror could not be
With the defendant they get a shot at leniency from the judge. Then there are some that say plea bargaining is unconstitutional. “Plea bargaining rests on the constitutional fiction that our government does not retaliate against individuals who wish to exercise their right to trial by jury.” (Lynch, The Case Against Plea Bargaining, 2003). essentially this means if the defendant believes in their innocence and want to go to trial the will be punished for standing up for their constitutional rights. It is my belief that plea bargaining is an utter necessity, and though it may not seem just at all times; we as a society can see how hectic the court would be if all cases were brought to trial.
An example is when the Miranda Doctrine is not observed upon arresting, the right of self-incrimination may be invoked so as for the evidences against the defense be inadmissible. In order for the Miranda Doctrine to be validly executed, such must be stated in the presence of the counsel for the defense. Such doctrine may be waived, but must be made with utmost knowledge of its consequences (Israel et al, 1993). Although both Fifth and Sixth Amendments embody significant rights for the citizens, it still has differences, one of which is that pertaining to the inquiries pertaining to the case is not allowed in the Fifth Amendment. The Sixth amendment protects the accused upon the case against him.
United States, 1932. It states basically that a person cannot be tried for lesser and greater crimes using the same evidence in subsequent trials. A person can be tried on lesser and greater crimes using the same evidence if the crimes are tried together in one trial. This does not constitute double jeopardy because the defendant is not tried twice using the same evidence. The Blockburger test, in the Court's words is this, "The test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does
Within the due process one may not be treated cruel, unfair or be given unreasonable treatment. Every accused person is entitled to fair procedures, and the due process applies to the criminal justice system as the trials, parole hearings, and administrative hearings. Due process main goal is to protect the innocent from being wrongfully convicted but may be looked upon as focusing on the rights of the accused and ignoring the rights of the victims. Crime control model is taken back a little and is the complete opposite of Due Process Model, which the crime control model focuses on the initial arrest, prosecution, and the conviction of a criminal. Due process priorities stand with protecting an
The fact that the prosecutor works in the interests of the state can be seen as the underlying factor here. The prosecutor can get away with misconduct; because if it were proven that the prosecutor was actually responsible for misconduct it would greatly undermine the goal of the state, which is to seek justice. If the prosecutor is misconducting themselves then it gives the impression that the prosecutor is not interested in justice, but more so a conviction, whether it be done so legally and ethically, or not. Prosecutorial misconduct happens, and
● The exclusionary rule is the main remedy that will be focused on throughout the remainder of this book. It requires that evidence obtained in violation of certain constitutional amendments (notably the Fourth, Fifth, Sixth, and Fourteenth) be excluded from the criminal trial. Exceptions to the exclusionary rule have been recognized in cases in which (1) the police acted in good faith but nonetheless violated the Constitution and (2) the prosecutor sought to impeach a witness at trial by pointing to contradictions in his or her out-of-court statements, even if such statements were obtained in an
The civil tort suit is completely different and therefore does not fall under double jeopardy. Whether Armington is guilty or not guilty in the criminal trial Jennings can bring a civil suit against Armington to recover damages. Jennings was injured during the crime so he has the right to pursue a civil case to cover his injury. References Lectlaw.com (1995-2012). Double Jeopardy.
First you have the Prosecution. The responsibility of the prosecution is to prove that without a shadow of a doubt that the defendant committed the crime. Im sure there are times that the prosecution does not think the defendant is not guilty but it is there moral right to keep the trial going and prove their case. It has got to be difficult for the prosecution to know that because of the case they have built against a person could decide the rest of their life. Lets get to the Defense.