KIRBY v. ILLINOIS 406 U.S. 682 (1972) United States Supreme Court CERTIORARI TO THE APPELLATE COURT OF ILLINOIS, FIRST DISTRICT No. 70-5061 Fact On February 20, 1968 a man named Willie Shard had his wallet stolen while walking on the street in Chicago. Willie Shard reported the robbery the next day stating that his wallet, travelers checks, social security and other things were stolen. The next day Police arrested two men a petitioner and his companion Ralph Bean in connection with a separate offense and brought them to the police station. The police learned of the offense against Willie Shard only upon arriving at the station.
Brinegar v. United States 338 U.S. 160 69 S. Ct. 1302; 93 L. Ed. 1879; 1949 U.S. LEXIS 2084 Facts: Brinegar had a reputation for illegally transporting liquor across state lines. The officer recognized the defendant one day, while parked by the highway, and noticed that the defendant's vehicle looked "heavily loaded." When he pulled Brinegar over, the officer could see one case of alcohol in the front seat of the car. The defendant later on denied that any liquor was visible.
However, she found a residence that was also under prior investigation as a narcotics-trafficking by following the truck from Greenwood place. Stracner asked the local garbage man to collect the plastic bags left at the curbs at Greenwoods. On April 6, 1984, she searched through the rubbish, where she found indications of items that were being used to do illegal drugs. This evidence found in Greenwood’s garbage bags, was cited in an affidavit in support of a warrant to search the home of Greenwood. Later that day police found both respondents at Greenwood's in which large quantities of cocaine and hashish.
All of the prosecution’s witnesses would have been difficult, if not impossible to track down for the new trial. To allow a retrial, while granting the defendant a legal right, would presumably let a guilty man walk free. Heffernan was struggling between the moral issues he was presented, and maximizing the legal advantages he held. After all a prosecutor’s decision to challenge a defendant’s appeal is usually enough to guarantee that a conviction is upheld. Whether or not this man was punished and remained in jail was up to the prosecution.
Making an assessment of these “not so clear cut” or difficult cases may discourage a lawyer from pursuing them and he might end up deciding that they are not worth the trouble at all. In my opinion, however, there exists a moral and ethical obligation on the part of any lawyer to represent clients who seeks legal counsel, even when there is an issue of ethics, legality, or when the odds of winning a case seem nil at best. Let us take, for example, the case of a client who comes to a lawyer with a problem where he has done some “under the table” work for a company and he is owed a lot of money for said work. Should the fact that he has been working “under the table” to avoid paying taxes deny him his right to collect the money he has rightfully earned? Is he solely to blame for trying to avoid paying his share of taxes or should the company that hired him also share some of the responsibility?
The movie, “My Cousin Vinny,” contains many ethical issues surrounding the legal profession. The following is a list of ethical issues involving the characters in the movie; ranging from the main character’s fiancee’ who appears to be playing the role of a paralegal, an arrogant attorney who should not even be practicing law in the state in which the trial takes place, as well as other members of the court system. The ethical issues will be noted, followed by the appropriate rules and regulations that govern the issues. The first character that will be noted is Lisa. Lisa is Vinny’s fiance’, but also appears to play the part of Vinny’s paralegal, even though the paralegal title is never used to address her.
﻿-1Maria L. Preciado Unit 2: The Investigative Process- Homework Objective- 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 day after the robbery, the car was recovered and the defendant’s fingerprints were found on the passenger door panel. 1.)
Mapp vs. Ohio In May, 1957 Dollree Mapp’s home was invaded by Cleveland police. The officers were searching for a suspect that bombed the house of Don King that day. The law enforcers never obtained a proper warrant to enter Mapp’s household. In their improper search the officers never found the bombing suspect but did find gun, gambling paraphernalia, and obscene literature. Dollree was arrested for the possession of lewd and lascivious books under the Ohio Revised Code 2905.34-.35 (The Cleveland Memory Project).
Issues: The issue is whether or not the prosecution violated the petitioner’s due process rights when evidence was withheld by the prosecution that would be favorable to the defendant. Secondly, where the limitations placed on the trial for punishment only a due process violation? Decisions: the Supreme Court rule the petitioners due process rights was violated when the prosecution failed to disclose exculpatory evidence that would be beneficial to the defense of the petitioner. Exculpatory evidence is evidence that would benefit the defense. When the prosecution failed to disclose the document of the accomplice’s confession they violated the petitioner’s right to due process.
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.