It is difficult to hold prosecutors accountable for acts of misconduct. Since prosecutors are often viewed as the “good guys” by the public, many times unethical, as well as illegal acts will be tolerated by the courts and criminal justice system as a whole. Prosecutorial misconduct is considered any action taken by the prosecutor in a criminal case that is against the law and/or unethical. Prosecutorial evidence can be anything from harassing witnesses on the stand, pressing unfounded charges against defendants, tampering with evidence, withholding evidence, up to taking bribes. Prosecutors can sometimes get away with misconduct as it is extremely difficult to prove that misconduct had actually taken place.
Cons. a- Grand Jury investigations are a lengthy process. b- They might think that there is not enough evidence to move forward. c- Grand Jurors are not investigators. d- There might be someone involved in the crime, in the grand jury.
Facts: Petitioner, Batson, was indicted in Kentucky on charges of burglary and receipt of stolen goods. During trial of the matter, the judge conducted voir dire and excused certain jurors for cause. When it came time for peremptory challenges, the prosecutor used his to remove all of the black persons left on the venire, which left Batson, a black man, to be tried by an all-white jury. Defense counsel objected before the jury was sworn in, and the judge overruled the objection on the grounds that peremptory challenges could be against “anybody they want.” Petitioner was convicted on both counts. This case is a pure example of racial discrimination against African Americans in the legal system.
Horton accuses the governing body of frequently exploiting its power in having the Justice Department instigate repression among voters. Furthermore, the lawyers who were inspecting the unlawful actions of these political criminals were quietly discharged of their duty and the incriminating evidence was concealed. The Bush administration was also spying regularly on religious and political groups in the country, while it covertly introduced a tremendously illegal surveillance program that caused conflict among senior officials in the Justice Department. Horton attributes this illicit monitoring device as the reason behind the “War on Terror” because it misleadingly revealed all of intelligence’s information on Iraq to both
| Fictitious Lawyers Group | Memo To: Ms. Singh From: CC: Intro to Law Unit 1 IP Re: felony vs. misdemeanor Abstract The author of this memo focuses on the arrest of Ms. Singh, for breach of peace an incident that occurred during an altercation at a bar with another patron. Ms. Singh, does not understand the law and has concerns about the possibility of prison and capital punishment i.e., the death penalty. In this response the author attempts to elaborate the difference between a felony and misdemeanor, Further, she expounds some of the possible consequences that Ms. Singh faces if she is convicted of this crime. Dear Ms. Singh, The purpose
This is how the prosecutor determines which cases to pursue. I wouldn’t know what would happen if the criteria for taking a case were more or less stringent because I would have to know what the effects would be if it was more or less severe in each case. So opinion would be that if the criteria were less prosecuting lawyers would want to charge people for any and everything. If the criterion was more then it would be harder to convict a person because it probably would require more information and
Which school of jurisprudence is based on the philosophy that what matters is not what is written as law, but who enforces the law and by what process? a.|Legal positivism.| b.|Natural law.| c.|Legal realism.| d.|Sovereign selection.| 12. Which of the following would be an example of a civil lawsuit? a.|George is being prosecuted for bank fraud.| b.|The government has initiated an action against Jeff for operating a motor vehicle under the influence of alcohol.| c.|Gretta hit Rita in a bar during happy hour. Rita is now suing for her injuries.| d.|The district attorney is bringing Ali to court for violating the city's keg ordinance.| B.
In civil cases, we increasingly see the phenomenon of the Robin Hood jury awarding runaway damages based upon emotion and a misguided understanding of the law. In criminal cases, juries have a disturbing tendency to accept preposterous theories advanced by defense counsel and sometimes by overzealous prosecutors. The problem is that juries no longer represent a true cross-section of the community. Exclusion of certain groups from jury
The offender is judged by a jury of his peers based on the evidence presented. In my opinion based on the process the prosecution in the Oscar Pistorius case has a lot of problems. It was reported the lead investigator was removed from the case and the crime scene was contaminated. It was also reported that a missing shell was found and the police were taking photos of Pistorius. It appears they may have a hard time based on the mishaps of the people who are supposed to provide the
First degree murder committed upon a peace officer or fireman in the performance of his duties; an employee of the Department of Corrections in the performance of his duties; an inmate in a correctional facility or otherwise was present in the facility with the approval of the prison administration; murder involves more than one victim; committed during hijacking of airplane, train, ship, bus, or other public conveyance; committed for financial gain; committed during robbery, stalking, burglary, arson, kidnapping, drug conspiracy, sexual assault; victim was under 12; murder of witness in order to prevent victim from testifying against defendant; while defendant was incarcerated and was committing any other offense punishable under IL law as a felony; victim was an emergency medical technician; murder involving torture; committed by using firearm in motor vehicle with victim outside of vehicle; victim over 60; victim disabled; victim was teacher murdered at school; victim under order of protection from defendant; in connection with or as a result of the offense of