... | |Comparison and Contrast of Prosecutors and Defense Attorneys | |[Comparison and Contrast] | | | | |January 27,2013 | |In this paper I am discussing the differences of a Defense Attorney and a Prosecutor | In the court system there are two types of attorneys, the defense attorneys and the prosecutors. The defense attorney is there to prove their client is innocent while the prosecutor is there to make sure that the defendant is found guilty of the charges that he is facing. While the defense attorney is trying to prove the innocence of their client the attorney or attorneys must find errors in a case to try and get a mistrial or try and build up evidence that the defendant was nowhere near the crime at the time it was committed...
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...Assignment 1: Ethics for Prosecutors and Defense Attorneys Due Week 4 and worth 140 points Research the Internet or the Strayer Library for two (2) separate criminal cases where a: a. Prosecutor violated the Attorney Professional Code of Conduct. b. Defense attorney violated the Attorney Professional Code of Conduct. Write a three to five (3-5) page paper in which you: 1.Summarize the facts of the cases, analyzing the roles of the prosecutors and defense attorneys, and detailing what violations of code of conduct were alleged to have occurred. 2.Determine which duties were breached and what the prosecutor and defense attorney should have done to comply. 3.Deduct the professional and / or personal ramifications of the alleged shortcomings. 4.Research and cite at least four (4) peer-reviewed sources in addition to the text. Access to the Strayer Learning Resource Center is available to students, including Lexis-Nexis and EBSCO. Note: Wikipedia and similar Websites do not qualify as quality resources. Your assignment must follow these formatting requirements: •Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA format, including in-text citation. Check with your professor for any additional instructions. •Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title and the date. The cover page and the reference page are not...
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...Attorney-Client Confidentiality Paper The Court System CJS_220 February, 2013 The attorney-client confidentiality covers all communication between any person looking for legal advice and a lawyer, is protected legally because this type of communication is considered “privileged” and to be confidently. The disclosure of any information to third parties about any type of mention for what the issues are about with the case is strictly condoned. The attorney-client confidentiality is covered under all types of lawyers, or even attorney legal assistances for any kind of civil, criminal or even all information about marital divorce cases ("Understanding Lawyer Client Confidentiality", 2013). According to “The Basics of Attorney Client Privilege" (2013), the courts do have exceptions for upholding privilege information if the other person is put into great harm and that a judge may force disclosure over certain factors. There is also some information that will and cannot be covered under confidentiality or privilege information about committing or intent to commit fraud or a crime. The privilege is essential for communication, trust, and confidentiality between the client –lawyer relationship to work and because the lawyer needs to know any information concerning the case to help represent the facts of a case (Ch. 6, p. 161-162). According to “The Basics of Attorney Client Privilege” some states apply different attorney-client privilege laws and the government has...
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...Governor-Attorney Client Privilege I. The Office of the Governor should not invoke government attorney-client privilege to prevent testimony by a government lawyer when the lawyer is subpoenaed in a federal grand jury investigation for possible federal criminal violations. This decision is up to the courts in a case by case basis. a. Attorney Client Privilege is subject to the common law by courts “in the light of reason and experience.” FRE 501. i. FRE 501 can be relied on over FRE 503 at the discretion of the Court. 1. FRE 503(a)(1) only makes “broad propositions that a governmental body may be a client for purposes of the attorney-client privilege” (In Re Duces Tecum, 8th circuit, 916). a. “We are instructed by Rule 501 to interpret the attorney-client privilege via common law ‘in light of reason and experience’ and not solely in light of the rule promulgated by the Supreme Ct. in 1972” (Id). ii. Necessity of Granting Potentially Relevant Info to Fed. Grand Jury as a matter of Constitution and Criminal Justice. 2. It is up to the federal grand jury to determine whether there is sufficient evidence to justify a formal accusation against a person for a crime (US Constitution, 5th amendment). 3. The rule of law should reign supreme and should be considered natural that every step be taken to ensure that justice be served promptly. b. “Supreme Ct. recognizes that the principle...
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...with a thought to potential litigation. Attorney Client Privilege and the Work Product Doctrine are two separate and distinct issues and should be treated within the legal world as separate disclosures. Attorney Client Privilege, which originated in Roman and canon law, has evolved into a recognized judicial doctrine and is necessary in order to provide clients with access to effective, well informed counsel. In Upjohn Co. v US the Supreme Court the Court stated that “Its purpose is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice.”(a) However, since the passage of the Patriot Act (b) (terrorism, September 11, 2001), and the various corporate scandals leading to the Sarbanes Oxley Act(c) and the Securities and Exchange Commission (2001 Seaboard Report) and the fall out from such companies as Enron, WorldCom the federal, state and regulatory offices of the government are attempting to pierce the Attorney Client Privilege. The government has attempted through two (2) separate practices to tear into what was once considered a “privilege” that was recognized and adhered to throughout the US. The two (2) issues we know face are (i) attorneys are being required to “waive” attorney client privilege in order to appear cooperative. Failure to waive has resulted in the court stipulating that the attorney was being uncooperative; thus penalties have...
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...Back to Home Page Cited By (2) This opinion has been cited by these opinions: * ------------------------------------------------- Carter v. AMC, LLC, 645 F.3d 840 (7th Cir. 2011) * ------------------------------------------------- Figueroa v. Deacon, 935 N.E.2d 1080 (Ill. App. Ct. 2010) Full List of Citations Authorities (34) This opinion cites: * ------------------------------------------------- Avery v. State Farm Mut. Auto. Ins. Co., 835 N.E.2d ... * ------------------------------------------------- BFP v. Resolution Trust Corporation, 511 U.S. 531 (1994) * ------------------------------------------------- Blackshare v. Banfield, 857 N.E.2d 743 (Ill. App. Ct. 2006) * ------------------------------------------------- Buenz v. Frontline Transp. Co., 882 N.E.2d 525 (Ill. 2008) * ------------------------------------------------- Ceres Illinois, Inc. v. Ill. Scrap Processing, Inc., 500 N.E.2d ... Full Table of Authorities Share this Opinion AMERICAN MANAGEMENT CONSULTANT v. Carter, 915 N.E.2d 411 (Ill. App. Ct. 2009) Appellate Court of Illinois Date Filed: June 16th, 2009 Status: Precedential Citations: 915 N.E.2d 411, 333 Ill. Dec. 605, 392 Ill. App. 3d 39 Docket Number: 3-07-0714 Judges: McDade Fingerprint: 025e5e23b62539d1149a0d6cc0408de35cff7dfc 915 N.E.2d 411 (2009) 333 Ill.Dec. 605 392 Ill. App.3d 39 AMERICAN MANAGEMENT CONSULTANT, LLC., and River Stone Apartments, Plaintiffs-Appellees, v. Geaniece D. CARTER...
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...Rachel Silvia October 2nd, 2013 Professor Karen Bond Engl0096 Attorneys All around the world people are setting in a court house waiting for their turn in court. Many different situations and outcomes from court will be dealt with. All cases that will be heard attorneys of all kind will be needed. Criminal attorneys handle cases that consist of an individual or company that are charges with breaking the law and Civil attorneys handle cases that consist of disagreements of contracts, property, child custody, divorce, and personal and property damages. Criminal lawyers defend a person or company that is charges with breaking the law. Criminal lawyers deal with the issues surrounding the arrest, a criminal investigation, criminal charges, sentencing, appeals and post-trial issues. Criminal lawyers may also help a person before charges have been filed by a prosecuting attorney. A person may hire a defense attorney to help with counsel and representation dealing with the police or other investigators and perform their own investigation, Should there be a violation of a person’s Constitutional right, such as unlawful search and seizure; a defense attorney is used to prepare for a trial. A defense attorney helps with any proposed settlement agreements between the client and prosecutor. A lawyer who specializes in civil law is known as a civil lawyer. Civil law has many fields including business laws, corporate laws, intellectual property laws, family laws, personal...
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...Manuel Davidian Module 2 Assignment 2 – District Attorney Ladies and Gentlemen of the jury, my name is Manuel Davidian. I am representing the people of Pennsylvania in the case of the people versus Julio Romero. I am here to prove to you, beyond a reasonable doubt, that Julio Romero was involved in the brutal killing of Willy Tineo-Ferreira. We have multiple witnesses that can put Julio Romero at the scene of the crime. They have both said Julio Romero was the getaway driver and assisted in the shooting. He may have not pulled the trigger but he did nothing to stop it and did everything to help the shooter. All of this occurred over a pair of sneakers. Is it really worth the life of an innocent young boy? The other defendant came up from behind Tineo-Ferreira and shot him in the back of the head and continued to shoot the back of the deceased seven times. Who walks up to a defenseless person, shoots them in the back of the head, and continues to fire behind their back? Julio Romero did nothing to stop this and tried to get the shooter away from the crime scene as fast as possible. You might as well put the gun in his hands also. The defense will argue that the authorities forced their client into a false confession. We argue that we did nothing to force him into a confession. Did we write the confession out ourselves? Julio Romero wrote out his own confession and after a year in jail says he did nothing wrong. The defense cannot even get their story...
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...What It Means to Be an Ethical Attorney Matthew C Hayden PR Essay 3 The legal profession is a path when one must ethically while wearing multiple hats. First at all times you must realize you are held to a standard code of ethics even when you are on vacation. An attorney is held to the same code of ethics if he is sitting in his office with a suit and tie or if he is in Vegas at a friends bachelor party. The second ethical route is that an ethical lawyer must affirmatively choose to do things that are good. Under the Model Rules of Professional Ethics many of the rules differ on the use of “shall” vs “may”. The tricky situations come when a lawyer “may” disclose information that could hurt his relationship with the client. When you are wearing the hat or being an ethical attorney it can be difficult to choose between right and wrong. The first scaled weights exist when you are representing your clients in the situation of attorney client privilege. As an attorney you are an officer of the court and owe a duty to justice, the rule of law and the tribunal. On the other hand you have a duty to your client. The client must be able to completely honest with you and know that you will keep the conversations secret. As an attorney you must act as a zealous advocate of the client and further their interests. Unlike most other professions that deal in arm’s length interactions an attorney owes a fiduciary duty to his or her own client. Rule 1.1 is the Duty of Competence which...
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...An attorney is an individual who is a member of the profession. An attorney is qualified and licensed to represent a client in court. Basically an attorney may act on the client’s behalf and plead or defend a case in a legal proceeding. The most important part of a lawyer’s duties is to know the law. In law school, you will learn how to interpret the laws and apply them to a particular case. When considering this is a career, an individual should take into factor the education required, the time you have to put in, the effort and skills needed and the positive impacts that it could have in our society. A deciding factor in practicing law is the education that is required. For high school students the most useful courses you could take are the ones which would encourage precise writing and organized research and as well as the critical examination of other’s writings. Building your vocabulary and becoming familiar with libraries are also useful. Science, mathematics, philosophy, computer science and logic will also help an individual develop analytical and logical thought processes. After a student graduates high school, it normally takes seven years of university to become a lawyer. A bachelor’s degree, (in any subject) which would take usually four years to complete, is necessary in order to attend law school. In order to even begin an application process for a future law school, you must complete a test called the Law School Admissions Test. The result of the test will...
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...POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That I, ___________________________, ________ of legal age, Filipino and with postal address at _________________________________________________ have NAMED, CONSTITUTED AND APPOINTED and by these presents do hereby NAME, CONSTITUTE AND APPOINT _______________________, _________of legal age, Filipino, with residence and postal address at ________________________________________ to be my true and lawful attorney, to act in my name, place and stead, to do and execute any of the following acts, to wit: 1. To buy, acquire and purchase from Sta. Lucia Realty & Dev., Inc. a subdivision lot which is more particularly identified as Phase ____ Block ___ Lot ____ of ___________ _____________________________, with an area of ____ sq.m. for such price and under such terms and conditions acceptable to my attorney-in-fact; 2. To sign, execute and deliver contract to sell, deed of absolute sale, transfer of rights and any/all documents pertinent to the above-mentioned property; 3. In general, to perform any and all acts proper and necessary in order to effectuate the foregoing. HEREBY GIVING AND GRANTING unto my said attorney full power and authority whatsoever requisite or necessary or proper to be done in or about the promises, as fully to all intents and purposes as I might or could lawfully do if personally present, and hereby ratifying and conforming all that my said attorney shall do...
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...CONSULADO LIBRO DE ESCRITURAS PÚBLICAS PODER ESPECIAL N° 1075 / 2013 Tomo 3 . Página 1075 En la ciudad de MIAMI, ESTADOS UNIDOS DE AMERICA, el 20 de septiembre de 2013, ante mi, ….., CONSUL en esta ciudad, comparecen las señoritas JEANET VELEZ , domiciliada en ORLANDO FLORIDA 32820, ESTADOS UNIDOS DE AMERICA; MARGARITA ORDOÑEZ, domiciliada BOCA RATON FLORIDA 33428, ESTADOS UNIDOS DE AMERICA; y, LINDA VELEZ, domiciliada en ORLANDO FLORIDA 32820, ESTADOS UNIDOS DE AMERICA; legalmente capaces a quienes de conocer doy fe, y quienes libre y voluntariamente, en uso de sus legítimos derechos, confieren PODER ESPECIAL, amplio y suficiente, cual en derecho se requiere a favor de la señora MARIA YEPEZ, de nacionalidad ECUATORIANA, mayor de edad, domiciliada en Peru, para que en su nombre y representación realice todos y cada uno de los trámites que se requieran, obtenga todos los requisitos indispensalbes y suscriba la Escritura de Venta, referente al bien inmueble ubicado la lotización Alta Gracia, con las siguientes dimensiones y linderos: Por el frente, diez metros y linderos con calle pública; Por atrás, los mismos diez metros y linderos con parte del Lote número tres de la misma manzana; Por un costado, veinticinco metros y linderos con el Lote número cuatro de la misma manzana; y, Por el otro costado, los mismos veinticinco metros y linderando con el lote de terreno número seis de la misma manzana; con una superficie total de DOSCIENTOS CINCUENTA METROS CUADRADOS. De igual...
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...Attorney vs. Judge Lisa Lupola CJS/211 July 13, 2015 Instructor Leesa McNeil Social Media “With the rampant expansion of social media and online technologies over the past decade, it is no surprise that Facebook, MySpace, Twitter, Instagram, YouTube and blogs have made their way into the courtroom, pervaded the jury box, and even pierced the veil of judges’ chambers”, Assoc. of Bar of St. of N.Y. Eth. Op. 2012-2, *4-7 (2012). Unfortunately, for a 52-year-old lawyer Joyce Nanine McCool, is disbarred after using Twitter and an online petition on Facebook, encouraging citizens to contact the judges involved in an alleged child abuse custody case. Did this lawyer act in the best interest the of children in this alleged sex-abuse and divorce case or was this was an act of unethical and unprofessional misconduct attempting to influence the judges involved in this case? Why would this attorney risk being disbarred for this cause? Outside the Box Ms. McCool, Esq. represented a client and friend in a bitter divorce case in which the client’s two small daughters accused their father of sexual abuse. The ethical dilemma constitutes ex parte communication, which is prohibited. The "12 Cfr 263.9 -Ex Parte Communications"(1994) website defines, “Ex parte communication as any material oral or written communication relevant to the merits of an adjudicatory proceeding that was neither on the record nor on reasonable prior notice to all parties that takes place between:”...
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...University of Phoenix Material Ethical Worksheet Sample Incident Review 1. What is the ethical issue or problem? Identify the issue succinctly. The moral agent is a criminal defense attorney. The attorney knows of another criminal defense attorney who is an alcoholic and ignores his client obligations. What should the moral agent do? 2. What are the most important facts? Which facts have the most bearing on the ethical decision presented? Include any important potential economic, social, or political pressures, and exclude inconsequential facts. The attorney often appears in court intoxicated. He ignores his cases and does not file appropriate motions before deadlines expire. His clients, who are court-appointed, usually end up with convictions and heavy sentences due to his incompetence. In trial, he is unprepared and unprofessional. Defendants have complained. Defense attorneys, prosecutors, and judges are aware of his incompetence and have done nothing. The attorney’s disbarment would likely cause drastic economic consequences for the attorney. If the moral agent is responsible for his disbarment, the moral agent may face the social stigma and pressure of being labeled a snitch. With emphasis on stiffer penalties for defendants, there is political pressure to ignore the situation, as only alleged criminals are affected by his incompetence. 3. Identify each claimant (key actor) who has an interest in the outcome of this ethical issue. From the perspective of the...
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...Performance Review To: Public Defender From: Assistant Public Defender Date: November 23, 2010 ------------------------------------------------- Re: Personal Performance Review, August 2009 to present Congratulations on your recent landslide election win. I enjoyed working for Mr. Job’s office and I look forward to serving you as the newly elected Public Defender. Since leaving the State Attorney’s Office to further my career as a defense attorney, I zealously advocated for every one of my clients at every stage of representation. As you move forward, you will need attorneys to fill key positions in your organization. I will discuss in detail my key accomplishments that make me a perfect candidate for one of these positions. Trials Since starting at the Public Defender’s office in August I have focused on trials. In a little over three months I conducted seven jury trials. As you know, this is well above average for the office. The average Assistant Public Defender in this circuit averages one trial per quarter. My trial performance is exceptional in another respect, each of these seven trials resulted in a not guilty jury verdict. I obtained diverse trial experience as the charges at each trial were different. I defended against resisting arrest, fraud and theft, driving crimes, as well as violent crimes. The defenses presented at trial were also varied, from an alibi defense, to an identification defense and to just pulling a rabbit out of the hat....
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