...LAWS1021 – CRIME – Week 3 Class 1 1. introduction 2. Ubiquity of discretion 3. Regulating discretion 4. Prosecutorial discretion 5. The Chaser case 6. Two tiers of justice 7. Magistrates and Local Courts 8. Supreme and District Courts 9. High Court appeals 10. Crown appeals ------------------------------------------------- From Last Class * Jurisdiction * Notion of how it is risen and how it is imposed * In 1788, assumed, put upon Australia from the act of colinisation * Sovereignty * From british states, then Australia as a commonwealth * Citizenship * General entitlement to rights protection etc. * Sovereign domain * Different for indigenous people, given no acknowledge of land ownership and traditional rights and customs as well as traditional rules * Agency * Autonomy as a group/individual * The capacity whether individually or collectively to exercise authority to determine * Previously denied * Criminalisation of traditional * Welfare * protection ------------------------------------------------- OOXX case * grew up during a time during hard economic circumstances with weak communal support due to governmental policies. * Lost a sense of identity when doing institution until he's about 19. He was separated from his family by the Australian welfare system. forced removal * Post-war...
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...procedures very well stating a solicitor is here for the serious cases and the judge will 99% decide to go with the recommendation of the accused and the solicitor. Also, on the bad side of the courtroom was the unprofessionalism of some of the officers and with some of the lawyers. The courtroom is to be taken seriously, because people lives are on the balance, not knowing where their future lies. The people are asked to be quiet in the courtroom, but the officers and the lawyers are not held to the same standard. I observed a few interesting cases which is the one where the inmate was brought out and she was before the judge for fighting. Her mother was there for support, in which, I believe made a difference with the judge. The inmate was found guilty and was fined, but the fine was suspended for time served. The judge seems to be very engaged with the inmates as well as the people who were asked to be in court to present their case before the judge. Another inmate was charged with Driving under the Influence with an open container. The judge asked the young man if he wanted an attorney and if he could not afford one, if he qualified a public defender will be appointed to him, but the young man still refused the help of an attorney and wanted to represent himself. Based on interring a plea of guilty the judge found the inmate guilty of driving under the influence with an open container. The inmate has already served eight days in jail. The inmate was fined and half...
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...for CLE 11 Conclusion 14 Bibliography 15 ------------------------------------------------- Continuing Legal Education - Introduction John Grisham, the famous novelist, has remarked in The Rainmaker: “I don’t feel stupid, just inadequate. After three years of studying the law, I’m very much aware of how little I know.” Continuing legal education (CLE) connotes a formal educational experience, such as a lecture, a seminar, or a workshop, related to the practice of law and sponsored by a bar association, a law school, or an organization which specializes in such advanced professional training. Thus, when we talk about CLE, the focus is not on students, instead it is the lawyers themselves whose education post them having become lawyers, is what is hinted at. Among professionals, lawyers begin their careers with a very little knowledge with a lot to learn. While medical graduates are no more fit to practice as doctors, a law school graduate is not exactly equipped to perform the various...
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...I wish to pursue a law degree specializing in torts law and labor law. It was through my own personal experience of losing someone in an industrial accident that opened my eyes and gave me a desire to practice law. In the future, I would like to run a law firm, which conducts pro-bono cases regarding acts of medical malpractice, product liability, and wrongful death. The individuals who inspire me are the lawyers I met, people like Robert Glassman, Kevin Boyle, Ed Fisher, and Rahul Ravipudi. When I was seventeen years old, who took my father’s case, they made the company responsible for the tragedy accountable, and made me believe in social justice through the legal system. From my personal experience, I have become an outspoken, empathetic,...
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...Description of a Court Room Hearing As observed in the courtroom I have found myself with many mixed emotions on what I have witnessed. These mixed emotions involve the operations of the justice system and how it affects the accused and the victim. It also makes a person wonder how the legal system operates on a basis of repeated domestic violence acts. I appeared in court to observe a domestic violence hearing. It involved a young individual who has a lot of physical violence patterns and who has repeatedly disobeyed his probation orders. This took place in an individual room, which involved the accused and his lawyer, the judge, the victim and the crown of attorney. Previously the accused was under house arrest for many assaults and breaches of his resonance towards the victim. He was not to have any contact with the victim what so ever. The court session had started and the accused person’s lawyer did his best to fight the crown on any of the attempts that they had made to put the accused into jail to finish his conditional sentence in confinement. Which stipulates on the back of the order, if a breach occurs, then confinement can and most likely will take place. There had been many breaches and many assaults. The victim was the actual person to call the police the night that the accused had breached his conditional sentence. The accused was sitting in a hotel drinking and staring at the victim. The victim had called the police and told them that he had been...
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...My Day At Court On November the 3rd I decided to take advantage of the extra credit opportunity and take a trip down to the city courthouse. After driving around looking for the courthouse; I find a parking spot, and enter the Caddo Parish Courthouse just before 9 a.m. Through the security check point I went, and on to the information desk, where I was told to head upstairs and talk with the bailiffs. Upon discussing with the bailiffs which court room would provide the most interesting cases; they informed me to try court room H. When asked why that particular room, the bailiff insisted that they would all be similar, and court room H was to start shortly. As I entered court room H and looked around and then took a seat. At this time there were only two other people sitting in the gallery. Behind the bar stood the prosecutors, defense attorneys, bailiff, court reporter, and a female police officer there to testify. Not long after I sat down, the female prosecutor turned around and asked me what I was here for. When I told her I was a student there to observe for class, she quickly turned around and went back to her paperwork. Nine o‘clock rolled by and it appeared as court would not be starting anytime soon. So as I sat there and waited, I couldn’t help but ease drop in on what the two prosecutors were talking about. One of them complained about how he had sent reminders to various police officers to show up for court, and his ongoing struggle to get them there...
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...Q1:1 A young person is those who is older than 14 but under 17 years old An adult is those who is 17 or older. Any special protection for children and young people no longer apply. Any criminal offense will be dealt by the court. How old you are when the crime is committed, not how old you are when you're charge or first come to court. Q1:2 The purpose of the separate judicial system for young people is to keep them out of the court and instead to offer them other ways to dealt with the offense. Q1:3 the police can give: A warning, Formal police caution, youth aid, reparation to victim and/or other type of punishments. Q2:1 The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime. Q2:2 The restorative justice is based on the theory of justice. Q2:3 The main goal of a conference is to formulate a plan about how best to deal with the offending. There are three principal components to this process: * ascertaining whether or not the young person admits the offense - conferences only proceed if the young person does so or if the offense has been proved in the Youth Court; * sharing information...
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...In the 1993 legal thriller “The Firm,” Tom Cruise plays a young attorney, Mitch McDeere, who has accepted an offer to join the prestigious Memphis law firm of Bendini, Lambert & Locke (“The Firm”). Initially, McDeere and “The Firm” appear to be a perfect fit. McDeere is the prototypical young associate. About to complete his Harvard Law degree, McDeere has the soft skills, attractive appearance, and a fetching personality to accompany his intellect. Accordingly, many law firms actively recruit him, seducing him with gifts and praise. The Firm, despite its location in Memphis, seems like a logical choice for McDeere. They pay handsomely, boast a talented legal team, and enjoy decadent facilities and amenities. McDeere is coddled zealously from the firm’s partners, and is given a scenic home and car. Unfortunately, McDeere learns the Firm has a corrupt underbelly that not only is at odds with his personal moral compass, but that could potentially subject him to jail time. As McDeere wrestles with how navigate himself through this decision, he is faced with many of Lawyer’s Model Rules for Professional Conduct. McDeere walks a fine line between seeking to hold Bendini, Lambert & Locke accountable for their misconduct and protecting the confidentiality of his clients. McDeere’s struggles climax when confronted by the FBI, he is forced to choose whether to cooperate with the authorities and risk losing his job and legal license, or to stay with the firm and potentially violate the...
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...REPORT ON COURT ROOM OBSERVATION. This report is based on my observations carried out in two Courts in England and Wales precisely in Manchester. The report is in two parts, one on civil jurisdiction and the other one on criminal jurisdiction. This visit has afforded me the opportunity of witnessing “law in action” different from “law in books”. I have also been able to compare both the civil and criminal process and proceedings. The two courts I visited are both in Manchester. The Crown court I visited is situated in an old building commissioned years ago whereas the magistrate court is situated in an ultra modern building commissioned not too long ago. I have read books and journals enumerating the differences between the judges and magistrates. This court room observation has given me he on the sport assessment of the differences between the two courts and many other questions that I will be addressing in the course of this report… As we were advised, my first visit to the courts (Magistrate and Crown Courts) was to find out about the time and the cases. I discovered that youth cases and family are not opened to the public and at this point, I was able to decide on the dates to attend the courts and the types of cases to observe. “The Magistrates’ courts are purely the courts of first instance”. The Magistrates in England and Wales are lay men without the knowledge of law and they are also referred to as “Justices of the Peace” but they are assisted by a Justice’ clerk...
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...moving at an incredibly fast pace. Industries such as healthcare, retail and finance have all implemented one or another form of modern technology. Out of the many advancements in the past decade, the most significant is cognitive computing. Defined in simple terms, cognitive computing refers to a computer system that is modeled after the human brain (Cognitive Computing). Such a computer system has the ability to naturally communicate with humans and assist them in their everyday lives. Today, IBM’s Watson cognitive computing system presents this technology thoroughly. Thus, the technology provided by IBM will be used to further develop new databases. The LawAssist, Law Assistants Co.’s most recent development, acts as a tool to criminal lawyers that...
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...worked with court appointed youth cases and diverse background for the past 7 years. During time I have experienced one of the most difficult job a person can hold. I am a full time mother to an eight year old boy. In this eight years I have learn to become a strong independent active woman as well as an involved mother to provide stability and most important a healthy life style for my child. To this, I would like to extend my knowledge and become a paralegal and open new opportunities to pursue my long time dream of becoming a family lawyer. I have wanted to become a lawyer since I was in the third grade. As a young girl I struggled with family instability. My parents immigrated in the early 1980’s, yet my mother still to this day is not able to come to the United States due to the lack of knowledge and no guidance. She was not able to obtain residency and was obligated to leave this country. It has taken my mother two INS cases and two lawyers and 30 years to finally processing her visa. My mothers instability in this country filled me up with confusion and no hope to become a successful person in the early years of my life. However, when I turned eight years old I changed my perspective towards life. I made it my goal to assist any human being that crossed my path, by having courage and determination to succeed in any aspect of their life. Since then I have volunteer and worked with a variety of non-profit organizations that help children and parents from birth to 25...
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...front row as the jury will fill all other seats. I just walked in on day five, still in the process of jury selection; well, here I am and it looks like it’s going to be just another boring day. I sit here, waiting for forty-eight random people to fill the pews. Looking around, I notice one of the prosecuting attorneys sitting at his table…glued to his phone. He is tapping his foot and looks anxious for things to get moving. He frequently looks at the clock like time is not moving fast enough. His partner walks in on crutches; this man is well-groomed and wearing an expensive looking suit. They quickly start looking over their notes; they both look professional, organized, and confident. I politely ask for information about the trial. The lawyer says, “The defendant is on trial for shooting three people during a high-speed chase…police in tow.” I am thinking this could be more interesting than I anticipated. My mind is now spinning with thoughts of what I have just been told when, suddenly, a side door opens. A police officer brings in the defendant, un-cuffs him and sits in the back of the courtroom with watchful eyes; he is focused on the boy as if he might attempt to escape. The defendant is Hispanic with large brown eyes, soft features, and smooth skin; he has the look of innocence. He smiles when he catches my stare and, even though I want to, I cannot look away. What goes through an accused person’s mind when the charges are three counts of...
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...When I was 8, I dreamed of becoming an archaeologist. As a youngster my passion was digging up dirt and touching bones. However through time, my dreams have traveled into a different direction. Today I am 19 years old and I am a determined, driven, ambitious young lady, who is ready to face the world as a corporate lawyer and restaurant owner. It took up until my freshman year to realize that my audaciousness and argumentative persona will be put to use as a lawyer. When I am not busy studying, attending school or working, I enjoy watching Law & Order, Criminal Minds, and CSI:New York. Watching these shows keeps me interested in the idea of becoming a lawyer. Along with pursuing law, I will also like to own and manage a restaurant. Cooking is my second passion. I love the art, culture and everything else that comes with it. Within the next few months, my goal is transfer to a new college; double major in political science and business administration and minor in culinary arts management. After graduating from college, I want to immediately open my own restaurant, then later on attend Georgetown University for my JD in corporate law. This may seem a bit much, However, my drive, family and friends motivates me. All of this and more must be done by my 25th birthday. Nothing is impossible for me. The roads may be rough and I may fall and stumble along the way, I will get back up and continue along my lifes...
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...success is the ability to discover and implement ideas or have a good balance between work and private life. Success by definition is the favorable outcome of something attempted. These favorable outcomes are a product of the professional knowledge and abilities gained through research and affiliation with professional organizations and associations in fields of study that will broaden one’s scope of interest and aid in career success. One such professional association is the American Bar Association. The American Bar Association (ABA) is the biggest volitionary professional association. “With nearly 400,000 members, the ABA provides law school accreditation, continuing legal education, information about the law, programs to assist lawyers and judges in their work, and initiatives to improve the legal system for the public” (American Bar Association, 2011, para. 1). The mission of the American Bar Association is to be the national representative of the legal profession, serving the public and the profession by promoting justice, professional excellence and respect for the law. The ABA contributes toward increasing ones professional knowledge and abilities in numerous ways. The American Bar Association’s mission statement reads, “To serve equally our members, our profession and the public by defending liberty and delivering justice as the national representative of the legal profession” (American Bar Association, 2011, para. 1). Its first goal is to...
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...Few good man Time from time you may hear stories of abuse by the military justice "system". There are multiple destroyed and financially devastated families out there suffering heartbreak and loss at the hands of an uncaring, unfeeling and unjust process which makes a mockery of our Bill of Rights. Military justice for the majority is prefabricated according to the wishes of the local Commander, and the "trial" or "court-martial" is tantamount to a pre-ordained verdict of GUILTY. How could any court proceeding be considered fair when the "convening authority," by right of title, is given the power to select the judge, the jury and defense and prosecution attorneys? It may go "unsaid," but the implication is very clear - if the convening authority "sees fit" to bring about a court-martial, then the accused can be assumed to be guilty. What's special, or even topical, about A Few Good Men movie is it speaks to how military honor can be so readily suborned by the authoritarian impulse. And second, how the same honest pride - not to mention competence - is necessary to bring such posturing would-be tyrants to justice. The main issue the movie touches upon is military justice. A good marine abides by the following code: 1. Unit 2. Corps 3. God and 4. Country For this code to be at its effective best, it must be governed by truth and justice. What happens when truth and justice fail to be active participants of this code? Justice has been defined in many ways...
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