defense attorney get Hamlet off the hook for his crimes of passion on a plea of insanity? Certainly anyone who chats with ghosts on Danish parapets, misleads innocent young women, and stages theatricals to expose villainous relatives of "murder most foul" isn't playing with a full deck. Or is this young Dane, instead, a poster child for the premise that bad things can happen to good people?
Scholars have long debated the meaning behind Hamlet's infamous speech, "To be or not to be." Its context addresses the speaker's proclivity to straddle the fence until more facts are known. Is the ghost that of Hamlet's dead father? Or is it a demon sent to torment him in his suicidal state of depression? He recognizes the spirit is toying with his emotions. Yet its message is consistent with his disdain for the status quo. Does he really see his father "in his…...

Prosecutor v. Defense Attorney
The United States justice system is based on the very basic notion that all people who are accused of a crime are considered innocent, unless proven beyond a shadow of a doubt to be guilty of committing a crime. This fact means that it is the burden of the state or the prosecuting attorney to prove the accused defendant's guilt to the judge or the jury of peers.(Lectric Law Library, 1) Only in appellate courts are previous facts re-examined, the initial sentencing is prone to emotional feelings stirred up in court, whereas appeals decisions are made discreetly outside of a full public courtroom. In the modern American justice system, the prosecution and the defense are each seeking justice for their respective causes, yet the way that each party goes about in achieving their objectives is entirely different.

In the prosecutor's pursuit of justice, many tools are used, including…...

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Works Cited

"Legal Definition of Prosecutor." The 'Lectric Law Library's Entrance & Welcome. Web. 28 Jan. 2012. .

"Prosecutor Jobs, Public Defender Jobs."Legal Authority. Web. 28 Jan. 2012. .

"Prosecutorial Discretion - Legal Definition." Legal Definitions. Web. 28 Jan. 2012. .

Court Administration
The role of a defense attorney in an adversarial system

A defense attorney assumes an integral position in the pursuit for and promotion of justice in an adversarial system. Defense attorneys are uniquely positioned via their legal system knowledge and interaction with the relevant principles in legal matters to influence the adversarial system in pursuit for justice. Sometimes, tensions exist between their duties to confidentiality towards clients and their duty to help the administration of justice. The defense attorney has a distinct set of responsibilities in the adversarial system. According to the U.S. Bar Association, it is the role of a defense attorney to defend the accused zealously and seek the best possible outcomes for the client (Neubauer & Fradella, 2011). In relation to this position, defense attorneys are committed to three goals: righting the balances of an unequal society, holding the government to the burden of proof, and advocating…...

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References

Neubauer, D & Fradella, H. (2011). America's Courts and the Criminal Justice System, 11th edition. New York: Wadsworth.

Falk, G. (2010). The American criminal justice system: How it works, how it doesn't, and how to fix it. Santa Barbara, Calif: Praeger.

Boundaries of Advocacy
Prosecutors and defense attorneys are pitted against each other in a system of justice. The ultimate goal of this system is to serve the public's best interest by maintaining order and supplying some rules for a just society. However, in every case that is tried, there are boundaries that can be crossed by either side. Crossing these boundaries can have severe implications for the public good. Prosecutors can often convict individuals who are innocent and defense attorneys can help acquit an individual who is guilty in reality. Such actions are not consistent with an effective justice system, yet they are common occurrences. According to a 2003 study, "Local prosecutors in many of the 2,341 jurisdictions across the nation have stretched, bent or broken rules to win convictions…. Since 1970, individual judges and appellate court panels cited prosecutorial misconduct as a factor when dismissing charges, reversing convictions or reducing…...

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Works Cited

Weinburg, S. (2003, November 26). Breaking the Rules. Retrieved from The Center for Public Integrity:  http://www.publicintegrity.org/2003/06/26/5517/breaking-rules

Prosecutor Overreach
The legal system serves as the cornerstone of modern society. This system ensures that the public good is maintained and that the social fabric of society is preserved at all times. A prosecuting attorney has a unique position within this system. They represent the state, or the public good in general, and not just a single client. Therefore, there role is to not only seek convictions among those who have violated laws that could undermine the public good, but a prosecutor must always balance this with justice. However, it is in this space, the space between justice and the perception of guilt, that prosecutors lose their way. To successfully maintain the ethical position as a prosecutor, a balance must be upheld in which self-interest is regulated by process, ethics, and the consideration of the public good at all times. However, this balance is easily skewed and is commonly disregarded.

Furthermore,…...

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Works Cited

Truth in Justice. (n.d.). Harmful Error: Report on Prsecutorial Misconduct Released. Retrieved from http://www.truthinjustice.org/index.htm

Eyewitness Memory and Identification
• Should eyewitness memory factors be taken into the consideration when making a plea bargaining decision in the courtroom?

Evidence has revealed that eyewitness memory can affect identification. This is because DNA has overturned more than 70% of eyewitness identifications.

• Age, race, and alcohol intoxication of eyewitness are the major factors affecting the eyewitness identification in the United States legal system.

The independent variables are age, race and alcohol intoxication, while the dependent variable is the eyewitness identifications. Thus, the independent variables can affect the dependent variables in the sense that older adults and children often face challenges in recollecting events thereby likely to make an eyewitness misidentification. People who are intoxicated with alcohol are more likely to incorrectly identify someone in a lineup or in court. Moreover, an eyewitness is likely to make a bias towards other ethnic groups thereby giving false eyewitness identifications.

Purpose Statement

This chapter explores…...

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References

Pezdek, K. (2016). Influence of Eyewitness Memory Factors on Plea Bargaining Decisions by Prosecution and Defense Attorneys in California, 2010-2011. ICPSR32181-v1. Ann Arbor, MI: Inter-university Consortium for Political and Social Research [distributor], 2012-07-31.  http://doi.org/10.3886/ICPSR32181.v1

Judge roderick concluded that the Compulsory Process Clause of the Sixth Amendment does not give a defendant the right to require immunization of a witness, but that such a right is "probably" contained in the Due Process Clause of the Fifth Amendment. Id. However, he declined to accord the defendants the benefit of this "probable" Fifth Amendment right to defense witness immunity for two reasons. First, he ruled that the defendants' motion was untimely, since it should properly have been made at the beginning of the trial. Second, he concluded that defense witness immunity would be available only to secure testimony that was material and exculpatory and that the defendants had not shown that any of the witnesses for whom they sought immunity would give material, exculpatory testimony."
The only federal appellate decisions that have ruled in favor of defense witness immunity are stated to appear to be the Third…...

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Bibliography

Cornell University Law School (2009) "Bill of Rights from Cornell University Law School. United States Constitution. LIT/Legal Information Institute. Online available at: Cornell University Law School. "Bill of Rights from Cornell University Law School

Charters of Freedom - The Declaration of Independence, The Constitution, The Bill of Rights

Sosnov, Leonard N. (nd) Separation of Powers Shell Game: The Federal Witness Immunity Act. Temple Law Review.

UNITED STATES of America, Appellee, v. Norman TURKISH, Defendant-Appellant. United States Court of Appeals for the Second Circuit May 27, 1980 623 F.2d 769. Online available at:  http://www.altlaw.org/v1/cases/557484

Calling herself an "ill-fated woman" (1251), Medea told reporters through an emissary that the very sight of the children reminded her of her sacrifices to Jason, and the uncovered plot that Creon and the princess were ready to "throw me out of this land and get away with it" (1358).
The trial promises to be lively, with the prosecution asking for the death penalty with all due prejudice. Defense will have its own challenges, guilt is apparent and admitted, it will remain to see the defense's skill in making the Judge and Jury believe that the circumstance surrounding the crime were sufficient to explain the act. When asked what he'd like to see happen to Medea, her attorney commented, "Has she not suffered enough. Has she not spent years of her life awaiting a husband, faithfully executing her duties to him and never straying. To find out that she was…...

Attorneys of every ilk are consistently and constantly faced with decisions that test their ethical considerations. Corporate attorneys faced with illegal activities, divorce attorneys faced with familial consequences, defense attorneys defending sometimes guilty clients, medical attorneys pursuing lawsuits on trivial matters, and even attorneys who represent politicians and policy makers are all examples of attorneys who, at some point in their illustrious careers, are faced with ethical situations that will test their mettle. Oftentimes attorneys will necessarily be taken into their client's confidence regarding situations that are questionable. The question this paper will focus on is 'when is it ethical for an attorney to betray a client's confidence?' This question is a significant one in that most attorneys are going to be faced with ongoing situations that will cause them to make ethical decisions based on their beliefs and belief systems.
Importance

The importance of the study is that it can provide…...

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References

Asimow, M. & Weisberg, R. (2002) When the lawyer knows the client is guilty, Southern California Interdisciplinary Law Journal, Vol.18, Issue 2, pp. 29 -58

Basile, M.E.; (2009) Loyalty testing for attorneys: When is it necessary and who should decide? Cardozo Law Review, Vol. 30, Issue 5, pp. 1843 -- 1884

Dent, Jr. G.W.; (2007) George A Leet business law symposium lawyers in the crosshairs: The new legal and ethical duties of corporate attorneys, Case Western Reserve Law Review, Vol. 57, Issue 2, pp. 337 -- 339.

Freedman, M (1966) Professional responsibility of the criminal defense lawyer: The three hardest questions, Michigan Law Review, Vol. 64. Issue 8, pp. 469-484

Attorney Fink Violated Professionals Rules of Conduct
Attorney Fink Violated Professional Rules of Conduct

In this case, we are looking at if Melvin Fink violated ethical standards based on the advice that he gave to his client Robin usy. What was determined is that he did not act inappropriately. However, the ethical standards he used when working with his client are questionable at best (which created the conflict).

In the case study, Melvin Fink violated his basic responsibilities as an attorney. This is because his client Robin ushy filed for divorce and engaged in fraud at his direction. What happened was he settled the case surrounding the assets that both her and her husband (Jeffrey) owned during the marriage. However, despite this fact there were issues surrounding a Subaru that was in both their names. Under a prenuptial agreement the assets that were in each person's name was considered to be their own…...

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Bibliography

Melvin Fink Esq. 99-558 VT, (2000).

Melvin Fink Esq. 99-558 VT, (2000).

Melvin Fink Esq. 99-558 VT, (2000).

Melvin Fink Esq. 99-558 VT, (2000).

hen does insanity excuse criminal liability?

A defendant has an excuse for liability, says Paul Robinson, in his book Criminal Law Defenses, when he or she is acting involuntarily and their own disability causes him or her to mistakenly or unknowingly violate a criminal prohibition. This person does not know whether his or her behavior is wrong or criminal (Robinson 222). This is in contrast to what is called a character-based approach, where a person's adherence to virtues or vices creates a character and a reputation for morality or immorality, upon which they are judged. Finkelstein argues that a system which bases its retributive punishment on a person's character, rather than on the act itself brings about social welfare. Just as one cannot judge a person's moral character upon a single act, one cannot decide the morality or immorality of a person by visible actions. She quotes George Fletcher as saying…...

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Works Cited

Article 35 of the NY State Penal Code: Found at  http://ypdcrime.com/penal.law/article35.htm .

Finkelstein, Claire. Excuses and Dispositions in Criminal Law. U. Of Buffalo. 14 Apr 2003.

Fletcher, George. Rethinking Criminal Law. 1978.

Hans, Valerie P. And Slater, Dan. "John Hinckley, Jr. And the Insanity Defense: The Public's Verdict," the Public Opinion Quarterly, Vol. 47(2). 1983.

Lincoln Lawyer by Michael Connelly
In The Lincoln Lawyer, a legal thriller novel, Michael Connelly delves deep into the inner-dynamics of criminal justice system, highlighting the disconnect between the system's underlying idealistic philosophies, and the often ethically questionable, practical realities of how the system actually plays out. The protagonist, Mickey Haller, is a successful and well-known Los Angeles criminal defense attorney and trial lawyer, who operates his practice out of the back seat of his chauffeured Lincoln Town Car. Haller displayed a highly cynical attitude regarding the nature of the justice system, asserting that "[t]he law was not about truth. It was about "negotiation, amelioration, manipulation." Haller saw himself as a mere "mechanic," working with a "large rusting machine that sucked up people and lives and money." His 15 years of 'wheeling and dealing' in the system, representing gangsters, drug dealers, prostitutes, and thugs, led him to conclude that the…...

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References

Connelly, Michael (2005). The Lincoln Lawyer: A Novel. Hachette Book Group. Kindle Edition.

California Rules of Professional Conduct

Putting the defendant in jail for life is, simply put, a violation of the Eighth Amendment - cruel and unjust punishment.

King Brothers Case

This case followed directly on the heels of the Tate case, but provides less of a defense to the children here. It is undisputed that the children knew what they were doing when they helped to murder their father. Unlike the Tate case, there is no debate about mens rea, or actual guilt in the crime.

As a defense attorney, however, I would focus the children's defense on the fact that the sentencing of life in prison is unconstitutional given the Eighth Amendment's bar against cruel and unjust punishment.

The children were exceedingly young, and under the influence of child molester and statutory rapist. As a result, their situation is extraordinary in its circumstances, and even though a prison sentence is appropriate, a mitigated sentence with much of the sentence…...

Comparisons of conviction rates both in federal courts and in criminal cases that are tried in the most populous counties of the United States are statistically the same regardless of whether a public or a private defense attorney as representing the defendant (Siegel 2009; Gaines & Miller 2011). This initially suggests that there is not a great deal of difference in the selection of an attorney when it comes to the outcome of the case: prosecutors do not tend to focus resources on cases they are not fairly confident they can win, and thus the vast majority of criminal cases (ninety percent of federal cases and approximately seventy-five percent of cases in the most populous counties) result in guilty verdicts with the type of attorney having no discernible effect (Siegel 2009). This does not mean that differences don't exist, however. Though conviction rates are the same for public and private…...

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References

Gaines, L. & Miller, R. (2011). Criminal Justice in Action. Belmont, CA: Wadsworth.

Siegel, L. (2009). Introduction to Criminal Justice. Belmont, CA: Wadsworth.

Driving hile Impaired in Canada
Tough new laws have been enacted in Canada in response to the problem of driving while impaired. In this case "impaired" means driving while intoxicated on alcohol -- being over the limit on blood alcohol (driving under the influence, DUI / driving while intoxicated, DI) -- or on drugs. This paper describes the issue, reviews the relevant legislation and laws, reviews the history of laws pertaining to impaired driving sanctions, and offers analysis of the contemporary legal situations regarding impaired driving laws in Canada.

hat is Impaired Driving?

The Ministry of Transportation in Ontario defines impaired driving as driving "while you ability is affected by alcohol or drugs… a deadly combination" (www.mto.gov.on.ca). The fact is that one drink can reduce a driver's ability to concentrate on the road and the traffic. Even one drink can affect a driver's reaction time, the MTO explains. The MTO also explains that…...

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Works Cited

Addario, Frank. (2008). Nasty Criminal Law Will Achieve Nothing for Public Safety.

Criminal Lawyer's Association. Retrieved Oct. 1, 2011, from  http://www.criminallawyers.ca .

Bill C-2. (2007). An Act to amend the Criminal Code and to Make Consequential Amendments

To Other Acts. Parliament of Canada. Virtual Library. Retrieved Oct. 1, 2011, from  http://www.parl.gc.ca .

1. The history and significance of Miranda Rights in the United States
2. The impact of Miranda Rights on law enforcement practices
3. The evolution of Miranda Rights in Supreme Court decisions
4. The debate surrounding the effectiveness of Miranda Rights in protecting individuals' rights
5. The implications of Miranda Rights on the criminal justice system
6. The role of Miranda Rights in ensuring a fair trial for suspects
7. The challenges and limitations of Miranda Rights in practice
8. The relationship between Miranda Rights and the right to remain silent
9. The role of Miranda Rights in promoting due process and protecting against coercive interrogation techniques
10. The....

1. Consistent and transparent sentencing guidelines: Establish clear and consistent guidelines for judges to follow in determining appropriate punishments for crimes. This helps ensure that similar crimes receive similar punishments, promoting fairness and consistency in the justice system.

2. Consideration of mitigating factors: Take into account any mitigating factors, such as a defendant's remorse, cooperation with authorities, or lack of criminal history, when determining a sentence. This helps ensure that punishments are tailored to the individual circumstances of each case.

3. Individualized sentencing: Consider the individual circumstances of the defendant and the crime committed when determining a sentence. This includes considering factors....

## Striking a Balance between Fairness and Justice in Punishment

The balancing act between fairness and justice in meting out punishment for crimes is a complex and enduring challenge in the realm of criminal justice. Striking an appropriate equilibrium between these principles is crucial to ensure a system that is both humane and effective in deterring crime, protecting society, and rehabilitating offenders.

Understanding Fairness and Justice

Fairness refers to the equitable treatment of individuals under the law, ensuring that punishments are proportionate to the severity of the offense and relevant factors such as intent, prior record, and mitigating circumstances. Justice, on the other....

In comparing and contrasting the roles of law enforcement, prosecutors, and public defenders, it is evident that each plays a crucial role in the criminal justice system. While law enforcement agencies are responsible for investigating and apprehending suspects, prosecutors are tasked with presenting evidence and seeking justice in court. Conversely, public defenders advocate for the defense of individuals accused of crimes, highlighting the importance of a fair and balanced legal system. Public defenders, also known as defense attorneys, are a crucial part of the legal system as they ensure that individuals accused of crimes are provided with competent legal representation. They....