...STATE v. BAUMAN 425 So.2d 32 (1982) STATE of Florida, Appellant, v. H. Lee BAUMAN, Appellee. No. 81-222. District Court of Appeal of Florida, Fourth District. December 8, 1982. Petition for Rehearing Granted February 2, 1983. Petition for Rehearing Denied February 2, 1983. Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellant. Marc Cooper and Sharon L. Wolfe of Greene & Cooper, P.A., Miami, for appellee. Appellant's Petition for Rehearing Granted February 2, 1983. Appellee's Petition for Rehearing Denied February 2, 1983. GLICKSTEIN, Judge. The State appeals from an order granting appellee's sworn motion to dismiss and an unsworn motion to dismiss based upon alleged prosecutorial misconduct.1 We find the order erroneous; therefore, we reverse and remand. The amended information alleged that beginning on or about December 26, 1979, and continuing thereafter through on or about January 17, 1980, appellee and five others conspired to traffic in cocaine and cannabis. The sworn motion to dismiss conceded that the depositions of two of the undercover officers and one of the coconspirators reflect that appellee, a lawyer, discussed arrangements for the sale of sixty kilograms of cocaine to the officers for $3,000,000 and 20,000 pounds of marijuana for $500,000 in several meetings over a period of weeks. However, the sworn motion contends dismissal was compelled because of two reasons. First, it relies...
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...According to U.S. Legal, the definition of Deferred Prosecutions is an informal agreement between the defense lawyer, the defendant, and the prosecutor to dismiss a case up front, that is, in advance of the accused agreeing to some concessions. Terms generally involve needing to pay a fine/penalty, assurance to improve internal practices, and cooperation with any specific investigation. We have all seen this tactic used in real life (HSBC) and in fictitious television series if you’re an avid Law and Order fan; cutting a deal so to speak for lesser charges. A significant advantage of this particular tactic is that there is no need for judicial intervention. In result the Department of Justice (DOJ) does not have any concerns regarding a judge’s fairness of resolve or anticipating its judgment. I believe there are more disadvantages than advantages when it comes to DPA’s for corporations. It has become a commonplace for corporations now to use this strategy. It seems to me that this promotes unfairness, double standards, and gross abuse of power with respect to using this for corporations. DPAs make it appear that companies are essentially buying their way out of prosecution. Due to the fact that DPAs resolutions to matters do not require trials, jury, appellate courts, or establish judicial precedents, clear boundaries cannot be made in regards to permissible legal comportment. DPAs deliver a beneficial and dynamic tool to quickly, cheaply, and efficiently dispose of cases...
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...When summoned for jury service, jurors appear for the length of one trial or one day. The majority of jurors complete their service in one day.At this particular visit to the Orange County Courthouse, I was selected for jury duty. In order to report for jury duty, potential jurors such as me had to arrive at the courthouse for check-in at 8:00 am. At that time all jurors are screened via metal detectors and asked to proceed to the jury assembly room. Upon entering the jury assembly room, the juror check-in process was occurring. Later on all the potential jurors for the day had been seated, and welcomed. A clerk of the court explained in detail and gave a briefing on what the day would consist of. In Orange County, jurors are assigned a number of which, when a judge is ready to hear a case on the docket and a jury is needed he would at that time request for a jury pool, he will then alert the clerk to pick a pool of numbers-which is done through a lottery system. A lottery of numbers (12) is selected. Those twelve individuals are then walked up to the courtroom for that particular judge, were further jury selection will take place. Going forward, my juror number was selected in the lottery pool, and was then taken to the courtroom. It was then at that time the pool of potential jurors were seated according to our numbers, and given a set of instructions from the judge. As a brief, he touched bases on the case which was at hand-DUI and what the pool of jurors could expect from...
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...As in the rest of the United States, this is a very costly proposition providing defense attorneys to assure indigent defendant’s legal rights (due process and equal protection) are preserved as set forth in the fourteenth amendment of the United States Constitution. South Dakota only has three Public Defender systems and they are located in Sioux Falls, Rapid City, and in Pierre. South Dakota’s Circuit Courts use court-appointed defense attorneys and each county is responsible for paying the defense attorneys, all jury and witness fees, transcript and interpreter costs, as well as providing operational facilities including office space, courtrooms, jury rooms, and any other space needed to support the court’s operation. As anyone can see, the cost of prosecution and defense is a huge investment for our counties. The charts that follow show the number of court-appointed cases and costs per county in the seven circuit courts in South Dakota in 2014 and 2015...
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...In the case of Brown vs. Mississippi, three defendants Ed Brown, Henry Shields, and Yanks Ellington were charged and indicted for the murder of Raymond Stewart. Stewart was murdered on March 30, 1934 and the defendants were indicted on April 4, 1934. The defendants pleaded not guilty with their court appointed attorneys. After they were arraigned their trial was set for the following day, and convicted a day later. In the case there was absolutely no physical evidence linking the men to the murder except for their confessions. The defendants testified that their confessions were false and that they were subject to physical torture by the police and some citizens in order to obtain the confessions. When the jurors were given their instructions the defendant’s attorney were informed that if they had any reasonable doubt as to if the confessions were created through coercion or not, then they should not be used as evidence. The defendants were then moved to the Mississippi Supreme Court for a new trial to determine that if the evidence obtained against the defendants was obtained through coercion and brutality, known to the court and to the district attorney, and that the defendants were denied the benefit of counsel or opportunity to confer with counsel in a reasonable manner. The defendants filed that there was a suggestion of error and that they were denied the used of counsel when the confessions were taken violating the due process clause of the Fourteenth Amendment...
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...potential sentence of up to three years in prison. He was in court Thursday on the state’s motion to revoke bond, filed after he reportedly failed to check in with adult probation several times since July 20, according to Holmes County Assistant Prosecutor Chris Oehl. Visiting Judge Edward O’Farrell indicated he would simply continue Harig’s pretrial bond on condition he passed a drug test. But, then field testing of his urine indicated the presence of meth....
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...OYEZ Project, 2014). A few hours before Samuel’s arrived at the Cooper home, Cheever and his friend cooked and smoked methamphetamines. Cheever’s friends told him that officers were en route to his location. Cheever made the decision to attempt to flee the scene but realized his vehicle had a flat tire. He returned to the house and hid in an upstairs bedroom with a loaded .44 caliber revolver. He heard footsteps leading towards his location so he stepped out from his hiding spot and shot Samuel’s. While Cheever was walking back towards his hiding spot he shot Samuel’s once again. He made the decision to also shoot a deputy, a detective, and members of the local SWAT team which had also arrived. However only Samuel’s was shot (Westlaw, 2013). History Cheever was charged with Capital murder in Kansas. Soon after the Kansas Supreme Court determined that the state’s death penalty scheme was unconstitutional. The prosecutor’s chose to dismiss their charges to allow the federal authorities to prosecute him utilizing the Federal Death Penalty Act of 1994, 18 U.S.C 3591 et esq (Westlaw, 2013). Within the federal case, Cheever filed notice where he intended to allow expert evidence which indicated that his methamphetamine intoxication negated him to have specific intent. The Federal District Court then ordered Cheever to submit to a psychiatric evaluation. Seven days into the federal trial the case was dismissed and the Kansas Supreme Court...
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...police combine traditional investigation, and prosecution with interactive sources such as the District Attorney, Defense counsel, Judges; both Federal, state and Local. Statistically significant differences in their involvement are found in the investigation in the original stages, as measured by the number of calls services, pre arrest and post arrest. A defense attorney must act as an officer of the court, respecting the need for truth and truth-seeking within the confines of the adversary system and as an active participant of a system that places justice as a core value. Many criminal cases - and almost all civil ones - are heard by a judge sitting without a jury. The judge is the "trier of fact," deciding whether the evidence is credible and which witnesses are telling the truth. Keywords: Police Officer, involvement, investigation, criminal cases, pre/post arrest Criminal Justice System 3 Criminal justice is defined as the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. Those accused of a crime are entitled have protection against abuse of investigatory and prosecution powers. The role of the Criminal justice system has several roles used to obstruct justice such as police officer, district attorneys,...
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...police officer/federal agent is the person who does the foot work to make an arrest. The roles of a district attorney/ the United States Attorney’s Office are to put together a case to request justice for whatever crime that has been committed for the victim or state. The role of a defense counsel is to fight for the right of the defendant regardless if they believe the person is guilty or innocent. The role of the judge of a magistrate court/federal court is to found a method of appointment, discipline, and training of judges varies widely across different jurisdiction. The judge is supposed to perform the trial fairly and in an open court. The judge listens to all the witnesses and any other evidence offered by the parties of the case, assesses the reliability and influence of the parties, and then issues a verdict on the problem at hand based on his/her understanding of the law and personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. The Criminal Justice System is made up of police, correctional agencies and courts all in charged with answering infractions of criminal codes. The laws are enforced by these agencies depending on their chosen states or federal agency. Federal laws originate from the US Constitution and treaties with the United States and other countries. State laws come from laws that originate from the state’s individual criminal code, which derive from the British common laws. Common laws are rules that aren’t officially...
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...CAREER GUIDE TO THE LEGAL PROFESSION INDEX Page 1 THE ADMINISTRATION OF JUSTICE IN SOUTH AFRICA.......................2 2 THE LEGAL PROFESSION ...............................................................................5 3 THE ATTORNEYS’ PROFESSION...................................................................7 4 ADMISSION OF ATTORNEYS / SOLICITORS FROM OTHER COUNTRIES ...........................................................................15 5 THE ADVOCATES' PROFESSION .................................................................19 6 THE LEGAL ADVISER ....................................................................................21 7 CAREERS OFFERED BY THE DEPARTMENT OF JUSTICE ...................22 8. ANNEXURE ‘A’ ................................................................................................29 1. THE ADMINISTRATION OF JUSTICE IN SOUTH AFRICA The legal administration, i.e. those persons and institutions involved in the application and execution of the law and the judgments of the Court, is no less essential to the administration of justice than is the law, and is as much part of our legal heritage as the law itself.1 The legal administration in South Africa is comprised of: 1.1. The Courts: i) ii) iii) iv) v) vi) vii) viii) ix) x) xi) xii) xiii) xiv) Constitutional Court; Supreme Court of Appeal; High Court; Labour Appeal Court; Labour Court; Land Claims Court; Special...
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...Table of Contents I. History Context/Fact Pattern II. Procedural History/Opposing Arguments of the Counsel III. The Holding Vasquez v. Hillery In 1962, An African-American man named Booker T. Hillery was trialed and convicted for the first degree murder of Marlene Miller, a fifteen-year old girl who lived in Hanford, California. Hillery was accused of stabbing Miller with scissors while she was said to be sewing a dress alone in her home. He was also accused of fighting with Miller and hogtied her only to stab her repeatedly in her chest. Unfortunately for Hillery, there was someone who witnessed the incident and claimed that it had been Hillery at the home who had also been convicted of rape and had been on parole at the time for the crime he committed in the past. Hillery pleaded innocent but was indicted of the crime regardless of the facts simply because the members of the grand jury were systematically excluded of the black race. Clifford Earl Tedmon argued the cause and filed a brief on behalf of Hillery. The Warden (Vasquez) of San Quentin State Prison requested that the Court retire a “doctrine of equal protection jurisprudence first announced in 1880.” He announced to the court that “The time has come for us to abandon the rule requiring reversal of the conviction of any defendant indicted by a grand jury from which members of his own race systemically excluded.” He was “thrice sentenced” to death for the murder in which that sentence was reduced...
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...the laws and strategies to avoid lawsuits. By following the three metrics outlined in the article; severity, frequency, and range and applying risk management techniques can help to prepare but may never really avoid lawsuits. Some employees are out to make a quick paycheck and will jump at the chance to sue the company for anything they can say was done wrong by the company. Like most HR strategies, there is no one strategy that works for every employer. Factors that have an impact on frequency or number of losses are geography, racial diversity, and economics. Something I found interesting was that a state’s citizens views; either liberal or conservative may have an impact on loss exposure. In the more liberal states more money was awarded to the plaintiffs than in the more conservative states. One of the other items I found interesting but also surprising was how attorneys could “forum shop” and file in a state where the jury might be more sympathetic to the plaintiff 1. I must admit that I don’t have a lot of experience with lawsuits against companies but it seems like most of the lawsuits I have read about have been or can easily be won by the employee. There was a time when all you heard about was racial discrimination lawsuits. I found it interesting that in order to even get a discrimination case started, “the plaintiff must generally show that they are a different race than the person who was actually hired1”. Nowadays it seems more like the sexual harassment and...
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...Chris Bangham November 17th, 2008 Anthony Donaldson Alabama History The George Wallace Paradox George Wallace lost his first gubernatorial election for his lack of a strong stance against desegregation. He would not make that mistake in his next election. His sense of appealing to the majority and his beliefs in the status quo of segregation drove his beliefs until the status quo changed. Desegregation came and people accepted it and his sense of appealing to the majority caused his own view to change. His changes would present questions of his motives of the past and present and also would present two contradictory images of a George Wallace. George Wallace was the absolute image of segregation to a decrepit man who seemed unapologetic, apologetic, and in denial about his own past. In 1958, George Wallace was a Judge with a strong opposition to civil rights and against federal involvement with state matters regarding such. His popularity drove him to seek the governorship of Alabama. He ran against a man named John Patterson in the Democratic Primary. Patterson, with the support of the Ku Klux Klan, defeated him. Wallace blamed the loss on his lack of being a strong segregationist. 1 Four years later, in 1962 he ran again and swept the Democratic primary and won the election with the lack of support for Republicans in Alabama at the time. During his inaugural address, in January 1963 he made the famous speech that would follow him for the rest of his life;...
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...A Justice Policy Institute Report By Barry Holman and Jason Ziedenberg The Impact of Incarcerating Youth in Detention and Other Secure Facilities The Dangers of Detention: The Impact of Incarcerating Youth in Detention and Other Secure Facilities The Dangers of Detention: A Justice Policy Institute Report by Barry Holman and Jason Ziedenberg 1 The Dangers of Detention1 Introduction: The Growing Impact of Youth Detention Despite the lowest youth crime rates in 20 years, hundreds of thousands of young people are locked away every year in the nation’s 591 secure detention centers. Detention centers are intended to temporarily house youth who pose a high risk of re-offending before their trial, or who are deemed likely to not appear for their trial. But the nation’s use of detention is steadily rising, and facilities are packed with young people who do not meet those high-risk criteria—about 70 percent are detained for nonviolent offenses.2 “[F]airly viewed, pretrial detention of a juvenile gives rise to injuries comparable to those associated with the imprisonment of an adult. ” –Justice Marshall for the minority in Schall v. Martin, 1984. “Detention: A form of locked custody of youth pre-trial who are arrested— juvenile detention centers are the juvenile justice system’s version of “jail, in which most young people are being held before the court has ” judged them delinquent. Some youth in detention are there because they fail the conditions of their...
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...Fugitive Slave Act of 1850, was denied his petition for a writ of habeas corpus and ordered returned to the State of Georgia into the custody of his owner, James Potter. He brings a petition of error before this Court and prays for issue of the writ, that he may have the lawfulness of his imprisonment tried upon his discharge. The facts sufficiently appear in the opinion of the Chief Justice. TRUEPENNY, C.J. The defendant is a colored person living in Boston, Massachusetts. Upon complaint of John B. Bacon of Savannah, Georgia, acting as agent and attorney of James Potter of Chatham, Georgia, the defendant was arrested pursuant to a warrant issued by George T. Curtis, Commissioner of the Circuit Court of the United States for the Massachusetts District, charging the defendant with being a fugitive from labor, and with having escaped from Georgia whilst owing service or labor to said Potter. U.S. Marshal Charles Deven and U.S. Deputy Marshal Frederick D. Byrnes, acting under direction of the warrant, arrested and imprisoned the defendant on the 4th of April, 1851. The defendant claims via petition, both signed and sworn to by him, that he was free, and not a slave. The defendant prayed for a writ of habeas corpus so that he may be discharged from his imprisonment and brought before a court to have his case heard. Counsel for the defendant asked the court to consider, first, whether Congress has authority to pass any law on the subject of fugitive slaves and, second, if it does...
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