People come to lawyers because they need help with a legal problem. They expect that the advice they receive will come from someone with the training and expertise to provide that advice. Legal advice ordinarily deals with the consequences of a course of conduct and affects the client's legal position or rights. Running Head: UNAUTHORIZED PRACTICE OF LAW 4 When a client calls wanting to know the options for dealing with an issue, it is difficult to simply gather information and tell the client you will discuss the problem with your supervising attorney. Anything more, however, runs the risk of giving legal advice and constitutes the unauthorized practice of law.
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
Assignment: Exclusionary Rule Editorial ADJ/255 Contemporary Issues In Criminal Justice The exclusionary rule is an important factor, when it comes to the Fourth Amendment and law enforcement. It has been around for a long time and it serves as an important purpose to the justice system. The exclusionary rule works for the defendants being prosecuted and it one of the benefits they have. Even though it is a benefit there are times, when others try and find ways around it, which violates the defendant’s Fourth Amendment. I personally am in favor of the exclusionary rule and believe it should be enforced because it not right for defendant’s rights to be ignored and dismissed.
But in contrast there are very different at the same time. The crime control model is used in the criminal justice system for the prevention of crime. The crime control does not exclude that is possible to make a mistake, but based on the circumstances of the laws, the person is considered guilty until her or she is proven innocent. This model is based on old fashion laws which allow rapid and speedy convictions despite the mitigating factors of the case and the victim. The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system.
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.
The question then arises as to the lawyer’s legal rights to a lawyer and most importantly the confidentially of his communication with his lawyer. The law is well established that everyone, including a lawyer, should not be denied the right to have a lawyer. The California law, however, is unclear in regards the lawyer’s right to have confidential
It also restricts or prohibits the use of certain evidence in sexual offense cases. Conclusion It is important to know the terminology of research in criminal justice because you will have to read reports and if you do not understand what is being written you cannot effectively do your job. Effective research can assist with opening or closing of cases. Using incorrect terms or incorrect information in research can be harmful to the outcome of the question or situation at hand. The credibility of evidence relies often on the handlers, examiners, experts and presenters.
Unless the government is able to prove the existence of these elements, it can't obtain a conviction in a court of law. The due process model is a model of the criminal justice system that stresses that every criminal justice conclusion is built on scrupulous information. Due process stresses the adversarial process, the rights of defendant and the rights of the formal decision-making procedure. It is vital to realize that courts allow individuals to defend themselves based on entrapment, self-defense or insanity. These, however, must be proved appropriately to allow courts practice fairness in defenses.
A defendant must be represented; however, they do not have the right to choose which counsel they will receive. The attorney must be knowledgeable and competent, but there cannot be any preferential treatment of one lawyer over another based on reputation or perceived abilities of counsel. As long as the attorney has proven to be effective in representing the case, the defendant must be represented by them. Defendants may be able to show just cause about preferring to self-represent, but again, they must show a clear understanding in making the decision to refuse counsel for their case (Tomkovicz, 2002). There are many other limitations of right to counsel, they include the period that is referred to as “noncritical stages”.
Wrongful convictions are the result of the court system admitting insufficient evidence into court. The court system has many ways to help reduce or eliminate the causes of wrongful convictions. The court system can help reduce or eliminate these causes of wrongful convictions by first identifying why wrongful convictions occur. Wrongful convictions occur primarily due to eye-witness misidentification, false confessions, improper forensic science, government misconduct, informants, and bad attorneys (University, 2009). Ways to reduce or eliminate the cause of wrongful convictions by eye-witness misidentification by put into operation the following procedures that have been shown to reduce the amount of wrongful convictions through the use of eye-witness identification.