Why Do You Have The Right To Stay Silent

If the suspect had refused to answer questions and demanded that he be appointed a lawyer, what “pressures” could Arnie have placed on the suspect? Arnie could tell him this is only going to make it worse for you. Arnie could also say that with or without a lawyer the witnesses, fingerprints, gun, and money are enough for him to go to jail. If he cooperates now then all of that can be avoided and he can tell the judge he was

QUESTION PRESENTED 1. Under Alabama’s burglary statute, does a former occupant of an apartment who partially moved out four to five days before committing a felony in the apartment and who has a estranged relationship with the occupant have an absolute right to enter? BRIEF ANSWER 1. Probably not. A person has an absolute right to enter as long as he remains an occupant of the apartment, ownership is irrelevant, and an estranged marital relationship is not sufficient.

In the case of Fare versus Michael C., the question at hand is whether a juvenile defendant requesting to speak with his probation officers was a violation of his Fifth Amendment right to remain silent. The important issue was to dissect rather Michael C. requesting to have his probation officer present was equivalent to an attorney representation. When informed that this was not possible, he waived his rights and made admissions. In 1979, police officers arrested sixteen-year-old Michael C. involving him in a murder that occurred during a robbery in the victim's home. Since the age of twelve, Michael had been on probation and had a long criminal offense background.

CSU Long Beach, Political Science Department at Long Beach Municipal and Superior Court, Long Beach CA Legal Apprentice and Researcher 1996-1997 • Conducted political research on the public defender system and provided analysis by viewing, discussing and summarizing judicial procedure(s) and Trial Judge, District Attorney, Public Defender to gain a better understanding of the efficacy of the public defender system on criminal proceedings in Long Beach and its need for key structural improvement. Accomplishments: After reading Gideon’s Trumpet as a context by which to explore and analyze the public defenders system and the social injustices that often occur, as reference by the main characters denial of his legal right to receive legal counsel in his defense in a Florida court; I related my reading and first hand experiences, observations and findings on the efficacy or lack thereof of the Public Defenders system to supervising professors at the CSU Long Beach, Department of Political Science in an attempt to suggest needed improvements to the criminal justice and judicial system. CSU Long Beach, Office of Affirmative Action - Long Beach,

If you do not have enough money for bail, then your only hope is plea-bargaining, which, if you truly are innocent, usually forces you into a state of perpetual guilt. The system, then, according to Feige is extremely flawed, typically costing the defendant and the defender his

A person’s right to have a lawyer and having a fair trial is protected by the Sixth Amendment. These clauses are enforced by Gideon v. Wainwright, where the Supreme Court ruled that criminal defendant has the right to have legal counsel if they could not afford one (“Facts and Case Summary – Gideon v. Wainwright”). Public defenders, or lawyers appointed by the court, provide representation in court without cost to the defendant. Fifty years after the ruling, public attorneys has been under scrutiny by both lawyers and clients. Said counsels are known for facing underfunding and unmanageable caseloads, while their clients claim that they are poorly represented in court.

It is a very important responsibility that everyone should take seriously because the fate of another person is on his or her shoulders. Juries are there to decide “guilty” or “not guilty” based on the facts and evidence presented. This paper will

A criminal defense lawyer who understands the law, the process and has experience in the area of criminal law which applies to your situation can help you evaluate your options and make the right decisions. Article Source:

A District Attorney plea bargain, files a lawsuit against people.

Prosecutors are more likely to adhere to the belief that a perpetrator is guilty, since it is their job to prove such, and when presented with evidence to suggest otherwise, they are likely to find it false, or irrelevant, and therefore, not pass the evidence along to the defense counsel. By not passing this evidence along, they weaken the defense’s ability to defend their client, and skew the case so that it already assumes

The McMartin family and employees, witnesses, evidence are all processed in the courtroom. The courtroom is backed by many courthouse workers behind the scenes to ensure the process is smooth. The center of the defense case is lawyer Danny Davis, who takes advantage of every opportunity and seen agreeing to defend the McMartin trial in court. The DA failed to give supporting evidence to defense attorney Davis.

So if someone is accused they will not get out of it scot-free even if they were truly

Ratified December 15, 1791, the Bill of Rights was created to ensure the safety of citizens rights across the United States. The Bill of Rights acted as a compromise between the Federalists and the Anti-Federalists, which would then lead to the authorization of the Bill of Rights. If it wasn’t for the Anti-Federalists demand for a Bill of Rights, it would’ve never been added to the Constitution, which would most likely lead to another abusive and corrupt central government. One very significant right listed in the Bill of Rights is Freedom of Religion, This right is critical to America because for some people religion is their gateway to happiness or is the basis of their life. According to The Debates in the Several States Convention on the

The principle in law that one is innocent until proven guilty has created much discourse. There are those who feel that the moment that one is arrested, there is reasonable belief that they committed the crime. However, there are those who feel that just as the principle states, one is, and should be taken as a victim and the outcome could be either way: guilty or not guilty. In fact, this argument is supported by the many cases of malicious prosecutions and mistaken identities.

As defined in the book, Introduction to Criminal Justice, a prosecutor is “an appointed or elected member of the practicing bar who is responsible for bringing the state’s case against the accused,” whom protects the civil rights of the criminal defendant in the process of trial. Hence, a prosecutor is the most powerful person in the Criminal Justice system because of the rurality of a case settling in court. Thus, there are three types of prosecutors, whom shares the goal and the burden of protecting the civil rights bestowed in a nondiscriminatory manner. The first type of prosecutor is in the federal system, the United States attorneys whose main purpose is to carry out justice unbiasedly in federal court, and is appointed by the president. The second type, the attorney general is the chief legal officer who is also a prosecutor of each state, including the United States.