Prosecutors can sometimes get away with misconduct as it is extremely difficult to prove that misconduct had actually taken place. Often times the prosecutor is viewed as being on the side of justice and as a result it is difficult for the defendant (who is accused of a crime) to turn the tide against the prosecution. Although during the trial both the defense as well as the judge may report a prosecutor for misconduct, this rarely happens as these reports are often dismissed. This is because as long as the prosecutions misconduct does not affect the outcome of the case, then it is tolerated, meaning that a prosecutor can harass a witness or the defendant so long as the harassment did not have anything to do with the outcome of the trial. The fact that the prosecutor works in the interests of the state can be seen as the underlying factor here.
As a carer it is my role and responsibility to support individuals to express themselves. The way in which i do this is to assess their needs, access information regarding communication needs and provide appropriate supports aids or equipment and encourage and motivate communication. Without support or appropriate support the individual would be unable to express their needs which could lead to emotional and physical difficulties. 1.3 Analyse features of the environment that may help or hinder communication It is difficult and frustrating to communicate effectively when there is background noise, therefore arranging the environment to aid communication is a very important step to achieve effective communication. Some factors that can hinder communication are; * Poor lighting, individuals with poor sight unable to see you.
If we do not communicate well with either a colleague or service user this could affect the way we work, as it could cause an atmosphere or tension in the work environment. Outcome 2 Be able to meet the communication and language needs, wishes and preferences of individuals You need to consider a number of factors when promoting effective communication, such as verbal communication. You should always think about the way you speak such as is the tone and pitch of your voice, suited to the situation or topic you are discussing? A louder more direct communication maybe required if trying to get the attention of a group instead of an individual. However this would not be suitable in a situation whereby a service user is upset or embarrassed, this would need a quieter
ADR Team Clause 1 Running head: ADR TEAM CLAUSE ADR Team Clause ADR Team Clause 2 ADR Team Clause With a surfeit of litigations consuming our legal system, the Alternative Dispute Resolution (ADR) has provided disputing parties with various non-traditional means of legal resolution to their disagreements; thus avoiding the complexities and expense of the court process (Jennings, 2006). The ensuing passages will discuss the purpose and provisions of the ADR clause for the LAW/531 Learning Team (L5LT). Teams can be an embodiment of individuals with diverse characteristics
Prosecutors are responsible to make sure the guilty person is prosecuted and that innocent people are protected from unwarranted prosecution. Prosecutors decide which types of plea bargains to enter and can ask the court to dismiss the charges. Prosecutors have more discretion than any other legal person including judges. A prosecutor’s position is much more difficult than portrayed on television. On television, the prosecutor, or ADA comes in tries the case and leaves.
| Hearsay Testimony | By: Richelle WilliamsClass: Criminal Evidence—James AlexanderDate: February 16, 2014 | | Hearsay evidence refers to the kind of evidence the probative force of which depends in whole or in part on the competency and credibility of some persons other than the witness by whom it is sought to produce it. The testimony of a witness is regarded as hearsay when a witness testifies to the declarations of another for the purpose of proving the facts asserted by the other person. Hearsay evidence is normally excluded from a trial because it is deemed untrustworthy. Although hearsay is generally not admissible in court, there are certain statements that are accepted as not being hearsay, and there are statements
Public defenders rely on full-time salaried staff. Staff members include defense attorneys, defense investigators, and office personnel. Many public defender’s offices employ what critics call a “plead ’em and speed ’em through” strategy, which typically means they meet their clients for the first time in the courtroom and use plea bargaining to move the cases through court faster (Schmalleger, 2009, p. 323). The role of the prosecutor is to determine whether or not to press charges against an offender, depending on the quality, and strength of the evidence provided to him, or her. Once the prosecutor determines he or she will pursue charges, he or she must decide what charges to press according to the presented facts of the case.
Unit 4222-324 (HSC 3029) Outcome 1, 1. Explain the importance of meeting an individual's communication needs. The importance of meeting somebodies communication needs is because if they cannot communicate effectively then you can understand what they are trying to express. Different people have different communication methods or methods that they prefer to use, so we should support them when using their preferred method of communication. Without communication people cannot express their needs or wants, so therefore it is a basic human right.
We are responsible for noticing and monitoring our own emotions. Right to make sure that opportunities for lawsuits are minimized. (Incorrect) Because the legal process can be both properly used as well as abused, operating from a place of protection is not useful. We cannot guarantee what people will or will not do. Right to expect that processes will be followed.
Dissoi Logoi contains opposing arguments that can be argued either way. Its relevance to Rhetoric is that it allows us as readers to see that no argument can be made both bad and good, just and unjust, seemly and shameless. In our own minds we know right versus wrong, but not everyone has the same vision of what is right and what is wrong. What is wrong to one can be right to another and vice versa which appeals to the logos aspect of rhetoric. These notion of contradiction within this writing are rhetoric.