It is an attorney’s obligation, in fact, to break that attorney-client privilege in order to prevent future harm (Meyer & Grant, 2003). Attorneys may also report intents to commit perjury in order to prevent an act of fraud against a court. These and many other issues are what make the concept of attorney-client privilege so important in regard to the court system. Bibliography
2003. p. 114). The prosecutor’s main roles are to establishing that those guilty are prosecuted, and to determine which cases are weak and weed them out. Meyer & Grant (2003) state that, “ the tasks that prosecutors perform fall into three broad categories: planning and supervising the investigation phase of criminal and civil cases, case preparations, and responding to the issues related to appeals. The defense attorney’s role is to protect an individuals right when he or she has been accused of committing a crime, and to ensure that the individual is not prosecuted unjustly or falsely tried. A prosecutor presents evidence to prove that the defendant is guilty of the crime and the defense attorney tries to prove that the defendant is not guilty.
It is services like this that help provide due process of law. These services ensure that a person accused of a crime is not unfairly deprived of his or her freedom. The due process does not only apply to people who are accused of crimes before being sentenced to prison, it also applies to people who are already incarcerated. If an inmate is in jeopardy of disciplinary action, which could lead to the
Statutory Offenses The phrase of crimes are statutory offenses means that an illegal crime was committed that violated a criminal statute (Mallor, J., 2013, p.130). In order to convict a person of any wrong doing that violated a crime, the plaintiff’s lawyer has to provide evidence of the criminal act committed, demonstrate substantiated evidence that would show beyond any doubt that the defendant committed the act, and prove that the defendant was fully capable of engaging himself in the criminal act of what he/she is being accused of (Mallor, J., 2013, p. 130). Any kind wrongful behavior is not considered a crime, unless Congress or the state legislature has criminalized it (Mallor, J., 2013, p. 130). An example is, Killing vs. United States; after four months when Jeffrey Skilling’s resigned from Enron’s Corporation it went into bankruptcy (Mallor, J., 2013, p.133). A Federal Investigation was filed, uncovered an elaborate conspiracy to prop up Enron’s short-run stock prices by overstating the company’s well-being (Mallor, J., 2013, p.133).
The prosecution must without a reasonable doubt prove the defendant is responsible for committing the crime. And in doing so must remain within the regulations of the courts. Sometimes the prosecution’s personal, ethical. Organizational, or political beliefs can becomea driving force into a trail which can have negative effects on the courts when misconduct occurs or mistakes are made. When misconduct or mistakes are made it can have very damaging effects on individuals and their lives, but also to the credibility of the criminal justice system.
Although the challenge for all communities is to balance the extent of powers required by police against the rights of ordinary citizens. In the eyes of justice and to ensure fairness is reached offenders have personal rights that the NSW police need to adhere to, if the offender feels that their rights have been breached or not correctly followed by authority they have the right to complain and report the circumstance to an NSW ombudsman or the police integrity commission, as they will investigate the
However, with the “due process an individual is allowed their day in court if suspected of a crime because of United States constitution. Therefore giving that individual a right to a fair trial with an option for a jury of his or hers peers. It is the responsibility of the courts system to provide strong evidence on an individual accused of committing a crime beyond reasonable doubt. Strong evidence is important to avoid sending an individual to prison if they are innocent (Siegel, J. L.,
The fact that officers know that illegally obtained (but true) evidence will quite possibly be thrown out, and therefore dangerous criminals will be freed, will encourage them to follow the proper procedures. (Woodfin, 2009) In addition, there are already several exceptions to requiring a warrant, such as “stop-and-frisk”, airport and school searches, voluntary searches, and emergency situations (Scheb, 2008) While these arguments supported the continued use of the exclusionary rule, there are also many argue against its value to our criminal justice system. One of the most
Right to Counsel Resha Harris CJA/364 May, 16, 2012 Gary, Looney Right to Counsel When a suspect is arrested and charged, he or she has the right of a counsel with an experienced attorney. In cases, which he or she cannot afford a lawyer the state has to provide one for the accused? “Police interrogation was a major concern. Without representation by counsel, the defendant is alone and vulnerable to improper police tactics. In two late 1950s cases, Crooker v .California (1958) and Cicenia v. LA gay (1958), dissenting justice argued that voluntary confessions should be excluded on the grounds that defendants requests for attorney were denied (Zalman, p., 2008).
There is also agreement on an adversary system, procedural due process, and one’s day in court (Zalman, 2008). The most important function of the crime control model is as stated by Packer (1968), ‘the repression of criminal conduct by the criminal process’” “because public safety is essential to personal freedom” (Zalman, 2008, p. 5). The presumption surrounded by this value system is, in American society there will be a breakdown of public order if law enforcement does not keep a tight reign on criminals and their activities, and citizens of this