there is no evidence that it was a crime- the mere fact that a man was killed is insufficient. Id fully expect that no indictment will be handed down. Youre a bigot. at the time of the alleged offense. DQ1 THE PROSECUTOR AND THE DEFENSE ATTORNEY. WebSome of defense attorneys and prosecutors may argue about evidence that should be suppressed. Pretrial Diversion: allows the offender of certain offenses, prior to trial, to be referred to community agencies to complete certain things such as drug counseling and community service. So yeah, you could probably bring negligent homicide charges, and maybe even make them stick. The first 12 people that make it through without getting struck are seated on the jury. Can you back that up? The family of the victim. placer county inmate search; texte narratif, But we cannot have it both ways, if you committ a crime (even if the entire world feels that he was justfied in doing so) it is the prosecuters duty to enforce the law. Still, Steven Avery was wrongly charged, convicted, and incarcerated, and then charged with a felony for a second time. Thats another story. This article is more than 9 years old. This happens when the defendant has successfully raised and the jury has accepted an "affirmative defense" that operates by law to exonerate . Webshould i be a prosecutor or defense attorney quizharley moon kemp looks like andrew ridgeley. master:2022-04-19_10-08-26. The same was true for Germanys final solution of the Jews. Assuming that the father has no criminal record or history of violence, and that this is really what happenedand ignoring the fact that the incident occurred in Texasyour Ethics Quiz is this: If you were the local prosecutor, would you seek to prosecute the father? The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged or confidential. This doesnt mean, of course, that hes an illegal immigrant, but it opens wide not only that possibility but the introduction of the immigration issue and the racial can-of-worms into the debate as well. Its an unwinnable case in which given the level of seriousness along with other things happening emotions, passion, etc the court case would be a repeat of the whole scenario and any half-fit defense attorney can easily show the danger of the situation/a fathers need to protect his child as well as appeal to the jurys sense of right/wrong and emotional ties (every jury member is a human being with emotions and most people are especially sensitive to issues regarding child defense/welfare). Defense attorneys are interesting lawyers who show little emotion in most cases, but they are passionate in having fair trials. Otherwise I would. Error: Twitter did not respond. What I do believe is that, in the heat of the moment when he first saw red and started beating the guy, its quite likely that he didnt stop until the guy wasnt moving anymore and the adrenaline calmed down when his rational brain reasserted itself. One punch, then? -Although it can only be speculated and is NOT necessarily likely, it IS possible that this perpetrator might have killed the child after the molestation had the father not intervened. If the defendant has an alibi, he usually must give the prosecutor separate, additional notice of the defense, explaining where he was at the time of the crime and what witnesses or evidence he will present . It is certainly important for prosecutors to be aware of the great discretion they have in not only dealing with criminal matters during the trial process, but they are reasonable for whether or not a charge is ever brought. Prosecutors can't disclose all discovery on the eve of trial, but on the other hand, they don't have to divulge it all way ahead of time. Sometimes a criminal defendant is entitled to acquittal even though the prosecution has proven every element of the charged offense. As a native texan who works as a prosecutor in tx, I can tell you that even though this case is old and the father was exonerated one must understand simply put that tx is a crazy place and things like this happen all the time unfortunately. I did predict it, though, because I know how you deplore selective prosecution. Mock trial where the students take on the roles of witnesses, judge, lawyer, prosecutor, and . WebTake the MyCase "What Type of Lawyer are You?" Replace this crime with faith and it actually becomes true. First of all, my client is a hero. The prosecutor must convince an independent decision-makereither a judge or grand jurythat the case has merit and should go to trial. You can argue points of ethics all you want, but some things supercede philosophy. -If he had gotten away with it, it is safe to assume that he would have continued on molesting more children. The prosecuting attorney presents an overview of the prosecutor's or government's version to the jury. I cant agree with the early on insinuations that the father deserved to have his daughter raped. Given the facts of the death of the molester as originally put forth I would not file charges. But absent mens rea, a guilty mind, I will go for a punishment that doesnt wreck his life. They then put themselves further in the hole by legally manuevering themselves out of responsibility. ", where responses have to be in the form of a question, the cold case unit of the Monmouth County Prosecutor's Office, in reinvestigating the murders in Long . Expecting a father to exercise self-control under such circumstances is unrealistic. You are here: Home. Prosecutors must comply with Attorney general's guidelines in accepting the pleas and prosecutor role in sentencing exercise. I would not prosecute. If the prosecutor believes that a defendant should go to prison, then they want people on the jury who are punishment minded, just as a defense attorney wants jurors who are rehabilitation minded. WebNo, they became good defense lawyers in spiteof what they learned in the prosecutors office. It is perfectly proper for you to have talked with the prosecutor, police, or family members before you testify, and you should, of course, respond truthfully to this question. The prosecutor who seems to be at an age of 30-35 years, helped close the cas On the other hand, prosecutors believe that everyone is guilty from the start. Save Paper; 3 Page; 519 Words 4. I know there are many defenses, including heat of passion, defense of a child, and temporary insanity. For a crime like this, Id say differently. Casual dress is not the norm. Show me that he willfully, consciously went over the line of submission into execution and Ill vote to convict him myself. Attorneys. A trial is held before a judge or jury. At what burden to the system? Learn how your comment data is processed. High-profile Boston criminal defense attorney Robert George is going to prison. Webshould i be a prosecutor or defense attorney quiz. (LogOut/ Can I rest my case on faith now? A. Preview this quiz on Quizizz. Dave, someone who kills an attempted rapist after he has been subdued and is presenting no further threat in a nation that doesnt execute convicted papists IS a real criminal in the eyes of the law. 1) Can we be 100% certain that the child was being molested? Counseling (of emotional needs of victims, witness, officers) 5. different types of lawyers portrayed in A Few Good Men, the prosecutor and the defense attorney. Judges have formal authority and may direct actions of the court and the attorneys. The father could have just beat him up really bad but he continued until the man was dead. Which of the following are not core members of the courtroom work group? 30 seconds . Where was the father (or mother) while this incident was happening? Perfect response to a difficult question. I dont necessarily disagree, Michael, but you are excessively certain of your position. 1. Ive seen more convincing traps, Jack. Discuss the adversarial relationships between the defense attorney and the prosecutor in the adjudication process. (3rd Edition). Show all Prosecutors should be aware of the work schedule their officers are currently placed on. Attorneys and Assistant U.S. A whole lot! With his daughter finally safe, the father frantically called 911, begging a dispatcher to find his rural ranch and send an ambulance. Lets assume, however, that the father says, simply, I saw the man trying to rape my daughter, I heard my daughter screaming, so I killed the bastard. WebThe Adversary Justice System. quiz and find out your attorney persona! So if another man knocked on the door of a law-abiding man roundly hated in the community for his greed and cruelty, and shot him dead with a single gunshot to the forehead as his loving wife and 8 children watched, you would still not prosecute knowing that jury nullification was a certainty, and the man would be found not guilty by a jury filled with people who would have liked to have shot him themselves, but didnt have the guts? 3) Was the death accidental, or deliberate? Possibly if this father would have just beat the manthere would be no case/conviction. Category: Legal. If this monster was capable of coming into a mans home, accepting his hospitality and then attempting to perform such an act of utter perversion upon an innocent little girl, what else would he have been capable of? Whitman was shooting people and wasnt going to stop. But when does force cross the line from justified to excessive? Jury nullification is not a viable defense; defense attorneys are not allowed to suggest or argue it, so that is not something the prosecutor has to overcome, even though it might generate a significant number of sleepless nights. June 11, 2012 at 1:56 pm Jury nullification is not a viable defense; defense attorneys are not allowed to suggest or argue it, so that is not something the prosecutor has to overcome, even though it might generate a significant number of sleepless nights. should i be a prosecutor or defense attorney It takes a great deal of timing and patience to finish the job,which I'm sure I can handle. 1. What kind of lawyer should you be? Her parents were busy hosting a party of friends and co-workers and likely had few concerns for her safety. Pre-Trial: Where the prosecutor*, defense attorney, and judge discuss the merits of a case. The just thing would appear to be prosecuting him and suspending the sentence, but wasnt that what happened at the end of Oklahoma (a show I hated)? Quiz on the play to help assign roles- The highest scorers get to be lawyers and prosecutor, the next highest get to be witnesses, and the lowest scorers get to be the jury. They would have had the power to charge only those crimes that they believed there was enough evidence for. C. No. The State: prosecutor. This was not a man he killed. evidence was found during the trial because of an illegal search. ET for the sentencing for Alex Murdaugh. . 88 thoughts on Ethics Quiz: Youre the Prosecutor! People need to know that they cant get away with murder, just because they only kill really bad people who may well deserve it. Famous Examples: Deputy District Attorneys Marcia Clark and Christopher Darden charged O.J. The defense represents the defendant. Generally, it involves: Contacting clients through email, phone calls, video calls, or in-person meetings. By contrast, when making a broad Brady disclosure to the prosecutor, defense attorneys are relying on the prosecutor to use their best judgment to provide exculpatory evidence related to the case . Tina, Billy and Stanley agree they will commit a bank robbery. Not somehow. Anyone who can control their emotions and isnt a psychopath SHOULD be able to not do that. The defense attorney. Granted. Thing is, I dont disagree with you. At least until fellow prisoners killed him. Proving my client innocent. I still think he should be prosecuted, if for no other reason that it should be on his record AND his claim should be investigated. SURVEY . a. jury nullifications. kenworth fan clutch solenoid location; sara gilbert baby Court will convene at 9:30 a.m. Either way, your job involves researching laws and judicial decisions that you can apply to a client's particular situation. When the stakes are high, there is no substitute for a criminal defense attorney in Miami who will investigate your case and fight for your rights with the tenacity that you deserve. A Rebellion of Giants: Dixon, Ryan, and Taming the Railroads in the Gilded Age. Change), You are commenting using your Facebook account. Because now it's time for the defense lawyer to get up and start cross examining you. 1 Which of these is your deepest desire? Jack; name one loving father who wouldnt AT LEAST have beaten his little girls molester senseless? Webshould i be a prosecutor or defense attorney quizeastmark homes for sale zillow. I can assure you that if one of those cops had picked up Whitman and heaved him off the tower- dead or alive- no jury in Texas would have convicted him. Defense attorneys are able to interview witnesses, obtain evidence through discovery, and file pretrial motions. Prosecutors dont give good deals to their friends. WebMotions a defense attorney and a prosecutor may argue before trial is the exclusionary rule or fruit of the poisonous tree doctrine. But I think anybody would have done that.. Take a revision break and do one of our quirky law-related quizzes. 8. Assuming that the fathers story is 100%, then no way was this murder. Wouldnt you want justice for your sons death regardless of his alleged actions? The money saved on not prosecuting him for murder can go towards counseling for the rape victim, and on investigating the molesters past to check for any other victims that may have slipped the laws notice. Even a plea deal would be a terrible idea, because the defense know this is a win in the bag case. Stella buys a knife and waits in her car, in the parking lot of Al's market, where Bertha works. If you, and virtually everyone else in the community, feels that what the father did is, if not justified, so mitigated by the circumstances that he shouldnt be made to suffer for it, is it right and just to make him suffer through a trial? The police officer CAN shoot a person dead who is in the process of killing and wounding people several hundred feet away. But Im not a juror, Im a prosecutor here, and it would be up to the jury to decide. What about the case of Ken McElroy? Webbelinda montgomery how the west was won somerset dialect dictionary should i be a prosecutor or defense attorney quiz 28 Feb 2022 should i be a prosecutor or The day-to-day of being an attorney might not seem glamorous. Quiz: Are You Smart Enough To Be A Prosecutor? Of course, big cases such as Steven Averys case are rare. Structure. So I would not prosecute. Did the prosecutor take notes of the meeting? Above is a very broad overview of the types of lawyers you can become. I would argue a fairly typical, if irrational, response. WebAs part of your answers in this assignment, be sure to address the questions posed by the judge, prosecutor, and defense attorney. My responses are based on the information provided on this case. However, the decision to accept or decline a plea deal is entirely your decision. After that, we dont know. Burnout, stress, and . Sure, they are proud to represent the victims and the community in criminal matters and they certainly are proud when they succeed in a case. Their passion was clear in every argument to the court, every cross examination, and throughout their investigation of the evidence. At that point, the merits of mercy seem to wane considerably. As our textbook points out, one of the main points of cross-examination for both attorneys is the convince the jury that the other attorney's witnesses should not be believed, which is called impeachment [ CITATION Hai \l 1033 ]. There was nothing innocent about this molester- caught redhanded in the act- and the father was no cop. This is probably because prosecutors come into contact with members of the community at some of the hardest points in individuals lives: either when they are a victim of a crime or when their liberty is at stake as a defendant. Enter your email address to subscribe to this blog and receive notifications of new posts by email. The prosecution is entitled to interview the defense witnesses before trial and inspect the physical evidence if a copy cannot be provided. If I was going to weigh justice and mercy on the same scale then I would have to first add up everyone, both near and far who is affected by such a heinous crime. Trial. If there is any doubt, then yes, take it to trial. The problem is that, taking the fathers word as true, no crime was committed by the father. Please wait a few minutes and refresh this page. Should I Become a Lawyer (One Minute Quiz) Career Quiz and Most Suitable Personality Lawyers Lawyers represent clients in criminal and civil litigation and And unless evidences comes up that contradicts the fathers story, there is no evidence that proves guilt. Get the Jury to look at the rhetoric of the prosecution and defense. Cite. WebHome; About Us. Great piece! 7. Thats what your questions imply. Someone can commit an act that is normally a crime, but have a valid defense for such act. Like justice was served. I think he should be charged for manslaughter because he needs to show that he HAD to kill the man to stop it otherwise it was flat out murder on his part. Assuming the truth above is what the investigation confirms, Id still bring charges for the purposes of getting a settlement along the lines of acknowledgment, recognizance, and professional counseling. Legal System DRAFT. My playing ultimate Monday night was one action, but also many independent actions. Yes, from T.V, movies, or books, but I haven't seen it first-hand. Anything that goes against the reason for the job existing is by definition wrong. Im sure with a little thought you can come up with a good list of horrible, widely-detested people with loving families. Maybe charge him with 1st degree misdemeanor battery or something, sure put some jail time or fines or something on it. This includes the parties in the case and the facts that led to the trial. Nor is keeping him off the street the only purpose of the penal system. 3. His vision of criminal law is definitely worth listening to. 1. The reason I believe the Judge ruled in favor of the defendant was because he himself saw, what the pictures consisted of. Crime has multiple meanings. 1st degree (premeditated) was never an issue; 2nd degree is arguable. Should Biden or Trump run in 2024, The Unfortunately Forgotten Vernon X. Miller, Why Milwaukee Lost the Braves: Perspectives on Law and Culture From a Half-Century Later. What bothers me most about such scenarios and real life cases is that the father who killed the child molester would probably end up behind bars for a lot longer than the child molester would if his case went to trial.
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