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Pro Prosecution Policy
These deficiencies in pro–prosecution policies as presently implemented will need to be addressed if
victim endorsement of such policies is to be achieved (MacLeod, 1995). Another deficiency in the
mandatory charge policy is that it further marginalizes and isolates the already disadvantage groups,
especially the minority and immigrant women. Minority women face the same obstacles in leaving
violent relationships as white or cultural majority women – money, childcare, housing, transport; but
each of these issues may also carry culturally specific inflections, exacerbated by racism and class
position (Berman, 2001). Bobbie McMurrich, Director of Programs of the Victims Services,
emphasized the importance of cultural sensitivity in dealing
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Defense Counsel And For The Prosecution
A topic of conversation that always comes up when I mention that I'm doing a placement with a
criminal barrister, one who works as both defence counsel and for the prosecution, is the idea of
representing a client who is 'guilty'. I'm asked "but what if you know that they did it?" and "wouldn't
you feel bad if they got off?" The thing is, as defence counsel – these are not your concern, for the
most part. I believe that it is counterproductive and unnecessary to determine the guilt of a client
prior or during your time representing them, for a number of reasons that I will outline. Firstly, the
burden of proof depends on the state. The prosecution, with the assistance of evidence gathered
during police and /or forensic investigation, ... Show more content on Helpwriting.net ...
It was a drug trafficking case, and C has prior convictions for similar offences. Briefly, the drug
investigation branch found C at home with almost $10,000 in cash hidden in his underwear, and
flushed remnants of methamphetamine in his toilet. Nick and I were convinced that C needed to
plead. However, when it got to trial, * J gave the prosecutor a particularly difficult time because, as
it became evident, the prosecutor had effectively no evidence: no samples had been taken from the
sink that C had allegedly used to flush drugs down. A trained police dog that had run to the
bathroom, and knelt down to indicate the presence of drugs. This came an enormous shock to the
courtroom. I had assumed that the prosecution had had some solid evidence to go to trial with, and I
believe that Nick had similarly overlooked the lack of evidence. Nick's client was annoyed and said,
"You wanted me to plead guilty!" By a stroke of luck, Nick's client escaped unscathed. Nick jumped
on Her Honour's observations and a nolle prosequi resulted. This was a valuable lesson for me
because I realized that sometimes matters that appear obvious (for example: the absence of
evidence) might go unnoticed, even through a number of good hands at the DPP. It is for you, then,
as a lawyer, to ensure that the state, at all stages, is held to a high standard. The flipside of this is
that it must be incredibly frustrating for a prosecutor
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Non-Prosecution and Deferred Prosecution Agreements
Just like people, corporations have the capability of committing criminal acts. The Enron scandal in
2001; the Bernard Madoff ponzi–scheme of 2008–2009; both of these examples show that despite
internal and external controls, regulations, and oversight, corporations still are a multi–faceted entity
that have the propensity to partake in crime. That being true, that criminal entity must be punished
and held responsible for their actions. One tool in the prosecutorial tool belt is the use of deferred
prosecution and non–prosecution agreements. According to Lanny Breuer, the United States
Department of Justice's Criminal Division, "over the last decade, deferred prosecution agreements
have become a mainstay of white collar criminal law ... Show more content on Helpwriting.net ...
Mary Jo White, the chairwomen of the Securities Exchange Commission (SEC), explains that DPAs
and NPAs can facilitate a middle ground between "punishment and practicality ((Debold et al,
2012). Since some corporations have a large impact on society as a whole, their punishment may
end up punishing society as well. Ms. White describes this as the consequence of full criminal
charges ((Debold et al, 2012). The resulting criminal indictment would be "considered negative" and
would have "very undesirable collateral consequences to the public interest ((Debold et al, 2012).
With that in mind, where would the appropriate justice be in this situation: prosecuting a corporation
to fullest extent of the law, which may have untold consequences on society; or by utilizing NPAs
and DPAs, and correcting the behavior through hefty fines, strict compliance rules, and
prosecutorial oversight? I believe that the latter is the best appropriation of justice. An argument
against NPAs and DPAs is the thought that it may "limit the punitive and deterrent value of the
government's law enforcement efforts" (Uhlmann, 2013). While the use of NPAs and DPAs allow
corporations to escape from criminal charges and punishments, it allows, like a first time offender,
to rectify their wrongs and prove that they can follow the law. It may not be an ideal method of
fixing
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Witness For The Prosecution Quotes
Ever seen the classic movie Witness for the Prosecution? Let me quote a dialogue from it between
Sir Wilfred Roberts, the defense lawyer and Leonard Vole, the murder accused. Roberts: Mr. Vole I
must tell you I'm not putting her (Mrs. Vole) in the witness box. Vole: You're not? Why not?
Roberts: Well one thing she's a foreigner, not too familiar with the subtleties of our language. The
prosecution could easily trip her up. Even if one is not in the position of Mr. Vole and one's life does
not depend on it, the above quote still demonstrates the importance of language and language
classes. If you don't know a language properly and have to interact with the people who speak it,
you're going to have a hard time and will often be misunderstood.
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The Examination Of The Prosecution Witness
Dear James Blackburn, thank you for contacting me with your case. As an expert witness, I am more
than happy to assist you in the examination of the prosecution witness' evidence and account of the
incident. Firstly, we must consider any confounding factors that may have influenced the witness'
memory and therefore influencing their testimony. Some factors we must consider are; cross–race
effect (CRE), weapon focus effect, own age bias (OAB) and the bystander effect. I will attempt to
aid you in this case by referring to information and knowledge that has been provided and
highlighted by previous research. These factors must be deliberated in regards to the validity and
credibility of the witness's statement. Nonetheless, I will provide as much information I can to help
with your client's case.
Issue: Cross race effect
Fact: The witness is Black and the client is Caucasian.
Opinion: The cross–race effect, otherwise referred to as 'own–race bias' explains why people are
more likely to recognise someone who is the same race as them. In this case, the witness may have
misinterpreted the scene as a result of this effect. For example, the criminal justice system regularly
relies on eyewitness identification when a crime has been committed (Sporer, 2001). Eyewitness
identification is still used despite the common difficulties eyewitnesses have recognising faces of
racial outgroup members. In your client's case, a black witness, and a white out group. These
recognition errors
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Criminal Prosecution Services of Pakistan
Criminal Prosecution Services of Pakistan
Introduction
In Pakistan, public prosecution is a provincial subject. Thus, matters pertaining to administration
and financial control of the prosecution service are within the purview of the provincial government.
On the other hand, matters pertaining to rules of procedure and duties of prosecutors at criminal
trials are governed by the Criminal Procedure Code of 1898.
The prosecution service throughout had remained under the home department, and had been
regulated by the police from which the public prosecutors and deputy public were drawn from the
ranks of deputy superintendents of police and inspectors. Under no condition was any officer below
the rank of sub–inspector authorized to act as a ... Show more content on Helpwriting.net ...
Appointment of Prosecutors
All the appointments, except that of the prosecutor general, to various posts in the service are to be
made through initial recruitment whereas, at least fifty percent appointments on the posts of
additional prosecutor general and deputy prosecutor general are to be made through promotion. No
direct recruitment is to be made on regular basis to the posts of district public prosecutor, deputy
district public prosecutor, assistant district prosecutor, additional prosecutor general and deputy
prosecutor general except on the recommendation of the provincial public service commission:
Functions of the Prosecutors
1. The Prosecutors are responsible for the conduct of prosecution on behalf of the Government.
2. The prosecutor general or if so authorized by him, an additional prosecutor general distribute
work to the prosecutors in the supreme court, the high court, the federal shariat court or a special
court established under any law for the time being in force.
3. A district public prosecutor distributes work to the prosecutors with respect to the courts of
session and courts of magistrates within a district.
4. A police report including a report of cancellation of the first information report or a request for
discharge of a suspect or an accused is to be submitted to a Court through the Prosecutor.
5. The Prosecutor scrutinize the report or the request and may ; a. Return the same within three days
to the
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The Onus Of Prosecution: Case Study
1. Slash, the victim, is part of the prosecution against the alleged crimes done by the accused
Dr.Nick and Mr. Lance. Slash is a 17 year old male, therefore according to Queensland jurisdiction,
he is classified as a child. Slash has obtained forms of body modification from the defendants while
his parents were away on an overseas holidays. Slash's older brother Edge, who is a 20 year old
male, has been brought as a witness to the prosecution. Thus, the responsibility of the prosecution is
to then prove that the crimes by the accused were committed and establish the onus of proof. To
prove the defendants intentions, the mens rea (mental state) and actus rea (physical act) must be
found. It is then jury's duty in the court to give the verdict to the defendants as guilty, as proven
beyond a reasonable doubt. The Judge of ... Show more content on Helpwriting.net ...
The precedent that will be related to the defendant Dr.Nick is the GRAEME STEPHEN REEVES v
THE QUEEN [2013] HCA 57 case. Graeme Stephen Reeves is a deregistered former gynaecologist
and obstetrician from New South Wales, who was convicted with the offence of maliciously
inflicting grievous bodily harm with intent. The complainant is Reeves patient, CDW. The harm was
the surgical removal of her vulva, including her labia and clitoris. CDW consented to surgery,
however, she was not told details about the removal of her entire vulva, including her labia and
clitoris. Mr Reeves claims that she did consent to the surgery. This case is similar to the situation
with Slash vs. Dr.Nick with the tongue splitting. Dr.Nick states that he has a checklist process of
consent before the patient wants the surgery and believes that he discussed the reversal procedure of
the split tongue. Slash on the other hand, states that he was not informed that a split tongue does not
grow back and does not recall any of the checklist process or discussion with Dr.Nick. This being
said, the precedents both have the issue over the communication of consent in surgical
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The Prosecution Of Child Pornography In Australia
"Prosecution of child pornography"
The law is already enforced against child pornography and it is implemented and enforced over the
internet.
5. Social behaviour
Further social study proves that "cyber porn" distributed psychological difficulties. This domain is
causing problem in our society. At present there are more teenage single mums then ever before.
The psychological effects of the increased needs of sexual drive cause STD (Sexually Transmitted
disease). Over all, the easy access to "cyber porn" leading to potential negative psychological
consequences.
Case Against
1. Censorship for child, who is the responsible?
After taking close look at the circumstances in relation to "cyber porn" and access to internet for a
child, it is ... Show more content on Helpwriting.net ...
One perspective is that the "Arab Spring" may refer as "Twitter Revolution" or "Facebook
revolution". Social media played a vital role to reshape the politics of "Middle East". The impact of
this change was very crucial for the governments. The lash back of this change was different in
different countries. In "Tunisia" and "Egypt" government regimes did not have any social media
base and they could not estimate the impact of social media in the society. In "Tunisia" and in
"Egypt" nine out ten people responded to a poll conducted by the "facebook" to organise the protest.
Finally its ended up with a regime change democracy won through social media
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Arthur Mabo Prosecution
Thank you for everyone for being both patient and attentive in this matter. Ladies and gentlemen,
there is an undoubtable difference between convicting someone for a crime they committed and
retribution. There is a difference between the innocence of a man and man made tales. And there is a
difference between what constitutes reasonable doubt and what amounts to just excuses by the
prosecution. Ladies and gentlemen of the jury, the prosecution, being methodical, is just trying to
brainwash and manipulate you into believing my client, Arthur Mabo, is responsible for acting as
the supposed "president" for a rebel group whose agenda was to establish total security through
violence. As nicely scripted as it sounds, he is innocent. Innocent and
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Essay about forum3
1 .Explain how "the desire to win" can lead a prosecutor to pursue a case that should be dropped or
choose to not disclose evidence that would exonerate a defendant. How does the
organizational/occupational culture affect their motivations?
The prosecutor's interest in the prosecution is to win, and for the unscrupulous, unethical prosecutor
to win regardless of the guilt or innocence of the accused. The prosecutor's career path could be
injured by failing to win, showing the lack of skill as a prosecutor for a lost criminal case, or poor
professional judgment in obtaining an indictment which later was dismissed. The prosecutor's career
path is enhanced by being, and being known as the "winner", which enables the prosecutor to get
more ... Show more content on Helpwriting.net ...
When the prosecutor responds to the announced wishes of the major media, the prosecutor is
rewarded with favorable publicity. But when the prosecutor fails to do the medium's bidding, the
prosecutor can expect to receive little or no publicity, which will put the prosecutor's career in a
terminal, downward tailspin.
Give a real life example of prosecutor misconduct and indicate briefly how/if that prosecutor was
punished?
In 1987 in Texas, a prosecutor was faced with this dilemma. Michael Morton was convicted of
murdering his wife based on circumstantial evidence. Morton's defense attorney was never told
about, or given access to, the police report in which Morton's three year old son had told police that
his daddy had not killed his mommy. After serving 25 years for murdering his wife, Morton was
exonerated after attorneys were finally given access to the police report and DNA testing of a
bloody bandana found at the scene of the murder matched a man who was serving a sentence for the
murder of another woman.
Ken Anderson the prosecutor in the case pled guilty to failing to disclose and got 10 days in jail, and
500 hours of community service.
2. What can be done to reduce prosecutorial misconduct? In my opinion extra judicial oversight
could be used to try and reduce prosecutorial misconduct.
3. If you were to
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Emma Woodhouse Prosecution
What were the strong and weak points of each side? The workers – The strong points are the
accusations they could put on the industrialists; they have worked like slaves and the salary they
got. The weak points are Industrialists – The strong points are that the they owned the company and
they gave jobs to the workers and you know in America if you don't have a job you are done. The
weak points What were the major arguments of the prosecution? The major arguments of the
prosecution is Emma Woodhouse who was a textile child worker. The quote said by her "My brother
and I were just 8 and 10 when we were sent out to work to simply help our family survive. We got
work in the garment factories. We made $1.50 a week and usually worked 6 days ... Show more
content on Helpwriting.net ...
Have you ever even seen 1 million dollar? They have given more than 100 million to the charity.
They gave jobs to people because in America you know you are done if you don't have a job. How
would the prosecution try to prove its case? The prosecution will try to prove its case by accusing
the industrialists of crime of humanity. They will also show how much money they get as salary for
hours they work. What would be the strategy of the defense team? The strategy of the defense team
will be to show all the good things they have done and all the money they have donated. Also, the
invention they have made for the people which turns out to be very helpful at that time. For
example: they built trains and libraries. What is the role of evidence? Why is it important? The role
of evidence is very important. It is important because in other countries, they just kill people but this
is America and everything is done with evidence. For example; You could kill people but if you
don't have evidence against you, you could still live and if you are innocent but there is evidence
against you could still go to jail. What, in your opinion, was the strongest argument and evidence
and
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Prosecutions In Victorian London
Prosecutions in Victorian London By:Justice Crawford
Over two hundred years ago in Victorian London, merchants would cut thieves' fingers off for
stealing fruit from their market.In the early nineteenth century, court conditions and the treatment of
both the victim and the accused was very different from today. Trials in court were often very quick.
Prosecutors, judges and jurors had more power and choice. Punishments varied based on the
criminals' social class and gender. If the accuser was pleaded guilty it would be nearly impossible to
plead their innocence even if there was significant evidence.The Victorians were very distraught
about crime. Levels rose sharply towards the end of the 18th century and continued to rise through
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Since whites were the settlers of London they had more privileges than immigrants and blacks. In
the article, Victorian London written by David Ross, Ross explains the life of a regular citizen in
Victorian London. During the time where immigrants and blacks migrated to London, whites started
to make their own local police force called "Bobbies". On page 12, Ross writes "In 1829 Sir Robert
Peel founded the Metropolitan Police to handle law and order in areas outside the City proper. These
police became known as "Bobbies" after their founder. The early part of the 19th century was the
golden age of steam. The first railway in London was built from London Bridge to Greenwich in
1836, and a great railway boom followed. Major stations were built at Euston (1837), Paddington
(1838), Fenchurch Street (1841), Waterloo (1848), and King's Cross (1850)." This quote says that
with the help of slaves and workers London built wonderful attractions such as the Paddington and
King's Cross. Also on page 15, it says "The workers in London were not only facing competition
from their fellow–countrymen, but also from people across Europe like the Irish and the Jewish,
who came to London to find jobs. The 19th century London was the world's largest city and a
political, economic and trading capital of Britain. The London city during the 19th century saw a
gradual but steady
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A Statement Of Facts About The Prosecution
Statement of Facts The prosecution would like to know whether they can convict Rene Graham with
armed robbery. Rachel Hunter is a white Caucasian 43 year–old married woman weighing
approximately 125 lbs. and 5 foot 3 inches in height. Mrs. Hunter resides in Dearborn, Michigan
with her husband Jeffrey Hunter. Dr. Rene Graham was charged with armed robbery of Mrs. Hunter.
Dr. Graham is a Caucasian woman, approximately 6–foot in height, 165 lbs. and 30 to 35 years of
age. Dr. Graham was found to be resident of Garden City, Michigan. The date of the incident was
August 11, 2016, the incident location was the public parking lot of 37101 Warren Rd Westland,
Michigan in which the Golden Corral buffet restaurant is located. Mrs. Hunter had no previous
relationship with Graham prior to the incident in Golden Corral. Mr. Jeffrey Hunter had a previous
relationship with Graham prior to the incident in Golden Corral. The prosecution would like to
determine whether they can convict Dr. Graham with armed robbery. Mrs. Hunter was dinning at the
incident location, from 5:00 to 6:00 pm with three of her friends. Mrs. Hunter was wearing necklace
pendant that was recently giving to her by her husband for their fifteenth anniversary. The
description of the piece of jewelry is a shining dark pink ruby and shining white diamond capital
letter 'R' shaped necklace. The necklace has pink red rubies on the right side and white diamonds on
the left. In Golden Corral Mrs. Hunter
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The Domestic Violence And Sex Crimes Units Of The...
Introduction Experience is an attribute of ultimate success in the workforce. In order to gain
experience, I recently completed an internship at the Marion County Prosecutor 's Office (MCPO). I
worked for the paralegals within the Sex Crimes and Domestic Violence Units of the Prosecutor 's
Office. While completing this internship, I learned several lessons that will help to enhance my
professional ambitions following graduation, while simultaneously learning about the functionality
and dysfunctionality of the organization byand theorizing on how the organization could improve.
Functionality
The Domestic Violence and Sex Crimes Units of the Marion County Prosecutor 's Office had
numerous functional aspects to their organization. The organizational structure was one of the
strongest benefactors to the functionality of the office. The Prosecutor 's Office could be seen as a
mechanistic or bureaucratic organization, meaning that the office wasis based on a hierarchy with
vertical communication structures. The prosecutors were the highest level of authority; who would
communicate their needs to the paralegals (the middle level authority), and the paralegals would
relay these messages to the interns, who were at the lowest level of the communication structure.
There were were two paralegals within the Domestic Violence Unit who served under eight
prosecutors. As an intern, I was serving under the paralegals. The organizational structure benefitted
the lower level
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The Prosecution Of The Jury
In a court room you have a judge, lawyers, a defendant, a plaintiff, a witnesses, an audience, and a
group of twelve people who decide the defendant 's fate–the jury. The lawyers and witnesses main
jobs are to convince the jury that the defendant or the plaintiff deserves justice. This is exactly what
Emma Goldman does in her speech "Address to the Jury" delivered in 1917. Goldman is trying to
defend herself and her co–defendant, Alexander Berkman, that they were not doing non–
conscription activities. At this time period a non–conscription activity is someone hiding from being
drafted. In Goldman 's "Address to the Jury" she uses repetition, anecdotes, and dramatic pauses to
prove to the jury that the defendant and herself are not guilty. Repetition is used by authors or
speakers to get important thoughts across. Goldman uses repetition multiple times. She uses one
main phrase throughout the whole speech, but also uses one or two other repetitions. The main
phrase she uses is "Gentlemen of the jury." She uses this phrase multiple times to make sure that the
jury retains their attention to the matter at hand. She would go on a rant or a story to help defend
herself and Berkman she would either end with "Gentlemen of the jury" or she would start her next
rant or story with it. By doing this she is bringing the juries attention back to her main point–they
are not guilty. Another set of repetition she uses that isn 't used as often is the phrase "you are not
called upon."
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The Failed Prosecution Of O.j. Simpson
The Failed Prosecution of O.J. Simpson
In every case a prosecution should do what it takes to show that the defendant is guilty and bring
justice to their clients. This should always ring true but in the murders of Nicole Brown–Simpson,
and Ron Goldman I continue to notice multiple flaws in the case. In the research conducted, I
develop a negative view of the individuals that put this case together. I believe there are six mistakes
that occur on the part of the prosecution, that lead to a Not Guilty verdict deciding the fate of one
Orenthal James Simpson.
To understand the evidence you must first understand what occurred in these murders. The O. J.
Simpson murder case (officially the People of the State of California v. Orenthal James Simpson)
was a criminal trial held at the Los Angeles County Superior Court in California. The trial spanned
from the jury 's swearing–in on November 2, 1994, to opening statements on January 24, 1995, to a
verdict on October 3, 1995. The former professional football star and actor O. J. Simpson was tried
on two counts of murder after the deaths of his ex–wife, Nicole Brown Simpson, and waiter Ronald
Lyle Goldman, in June 1994 (Simpson). The case has been described as the most publicized
criminal trial in American history (USA Today) Simpson was acquitted after a trial that lasted more
than eight months (Turow). The article on PBS titled "The O.J.Verdict", discusses the fact that
Simpson was found not guilty due to weak execution by the
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Immunity in the U.S. Court Essay
The right to not incriminate one's self is established within the Fifth Amendment of the Constitution.
The Fifth Amendment states, "No person...shall be compelled in any criminal case to be a witness
against himself" (Davenport, 2006, P. 87). People may plead the fifth as a means of refusing to
answer questions about alleged criminal activities. The right to not self incriminate, is a fundamental
right meant to protect individuals from being forced into giving evidence that could be used against
one's self. This concept against self incrimination extended to forced confessions due to Miranda v.
Arizona. In the Miranda case, the Supreme Court decided that police have an obligation to inform a
suspect to his rights under Constitution. ... Show more content on Helpwriting.net ...
In some cases this works in two ways. For example, if a defendant gives testimony about a murder
cases and says were they threw the gun, police cannot be asked to search for the weapon to be used
as evidence. However, if by chance someone independent by the government finds the weapon and
turns it in, the weapon can be used as evidence against the defendant (Davenport, 2006). The other
form of Immunity is transactional immunity, which is "absolute protection against prosecution for
any event or transaction about which a witness is compelled to give testimony or furnish evidence"
(Neubauer, 2011, p. 466). This form of immunity is said to be the preferred form of immunity by
defendants, because the government will be barred from prosecuting the defendant for a crime they
were granted immunity (Davenport, 2006). Use immunity grants less protection than transactional
immunity in that witnesses may not refuse the government's offer of immunity. In this case,
accepting immunity is forced and is not a choice. In the case Kastigar v. United States, the belief
was that Charles Joseph Kastigar would use the Fifth Amendment protection against self
incrimination. The issued an order granting immunity but Kastigar and Stewart refused to testify
(Kastigar v. United States – Case Background, 2009). The claim was that "only transactional
immunity, which was not granted, would
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Witness For The Prosecution Essay
This 1957 courtroom production Witness for the Prosecution based on a short story and later a play
by Agatha Christie involves the seasoned barrister and curmudgeon Sir Wilfred Robarte, played by
Charles Laughton. He takes on the murder defense of Leonard Vole played by Tyrone Power.
Robarts' private nurse played by Elsa Lancaster objects constantly, reminding him of his doctor's
advice to stay away from criminal cases due to his ill health. Vole is accused of the murder of a
wealthy older woman Mrs. French played by Norma Varden who appeared to have fallen in love
with Vole and changed her will to give him the bulk of her estate. The evidence strongly points to
Vole's involvement. Vole claims his defense is based on the fact that his wife, Christine played by
Marlene Dietrich, will testify that Vole arrived home the evening of the murder long before it
transpired. Robarts counsels Vole that the testimony of his wife ... Show more content on
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In one instance he objections to the prosecution's evidence by stating if his colleague is going to
both ask and answer the same question. The presence of the witness "was superfluous." The
prosecution last witness who was Christine Vole, the wife of Vole, brought a shock to both Robarts
and the viewing audience. Robarts immediately objects, but Christine then started to testify that her
marriage to Vole was fraudulent, since she was already married when she met Vole and her first
husband is still alive. Her testimony against Vole was blasphemy, including her claim that Vole
arrived home the night of the murder with blood on his clothing and admitted her that he had killed
Mrs. French. Robarts' cross examination on Christine admit that she told a number of lies before
appearing in court that day and concludes his statement that he is surprised "the testament did not
leap from your hands" when she took the
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The Prosecution Of Sexual Assault
The prosecution of sexual assault is unlike the prosecution of any other criminal offence. There an
intense focus on the character and motivation of the complainant. Traditionally, this focus has
translated into a preoccupation with aspects of the complainant 's behavior which is not immediately
related to the circumstances of the offence. One example is whether the complainant provided a
"recent complaint" after the assault. This focus also results in an extraordinary interest in the
demonstration of proof of resistance by the complainant and the corresponding application of force
by the perpetrator, though neither is an element of the crime. A proper appreciation of the law in this
area requires an understanding of the legal evolution of ... Show more content on Helpwriting.net ...
It is not mentioned in our conversations and that silence contributes to the continuation of domestic
and sexual violence. As early as the year 800, rape was a capital offense in Anglo–Saxon England.
In 1769, William Blackstone, the leading eighteenth–century authority on common law in both
England and the colonies, defined "common law rape" as the "carnal knowledge of a woman
forcibly and against her will" (Samaha). The definition boiled down to four elements: Sexual
intercourse by force or a threat of severe bodily harm (actus reus). Intentional vaginal intercourse
(mens rea). Intercourse between a man and a woman who wasn't his wife (attendant circumstance).
Intercourse without the woman's consent (attendant circumstance). The common law required proof
beyond a reasonable doubt of all four elements. In the common law trials, rape victims were allowed
to testify against accused rapists; it was up to the jury to decide whether to believe them. But the
victim's credibility depended on three conditions, always difficult (and often impossible) to satisfy:
Her chastity, whether she promptly reported the rape, whether other witnesses corroborated the rape
(womanslawproject.org). By the 1970s and 1980s was a time of major reform of sex offense laws.
First, states changed rape prosecution procedures that had been in effect since the 1600s. Many
states abolished the corroboration rule that required the
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The Prosecution Of Charles V. (CPS)
Question 1 Charles has been charged with burglary and theft, which is an either–way offence, under
s.9 (1) of the Theft Act 1968 . This means he can be tried either summarily in the magistrates' court
or on indictment in the crown court. When deciding whether or not to charge and prosecute Charles,
the Crown prosecution (CPS) lawyer must refer to the Code of Practice for crown prosecutors
issued by the Director of Public prosecutions under s.10 of the Prosecution of Offences Act 1985 ,
in order to make decisions about prosecutions according to the facts of each case following the
guidance set by the code. The CPS lawyer will make his decisions in accordance with the full code
text in para.4 of the code set by the s.10 of the Act, to decide ... Show more content on
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This means he can be tried either summarily in the magistrates' court or on indictment in the crown
court. The first court hearing will be the plea before venue in the Magistrates' court in Charles's
present, according to s.17 of the Magistrates' court. The court will explain the process to Charles in
language that he understands, Charles would be asked to indicate his plea of either guilty or not
guilty, the court will also make known to him that if he intends to plead guilty he will be dealt with
summarily according to s.9 of the MCA 1980 . However, if the magistrates' court feels the
sentencing powers was insufficient, then Charles will be sent to Crown Court for sentencing under
s.3 of the Criminal Courts (Sentencing) and then be sentenced as if tried on indictment. But if his
intention was not to plead guilty, the magistrates will adjourn the case for an allocation
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What Is Your Career Choice?
#1 – Question: What is your career choice?
#1 – Answer: My set goal for the future is to become a District Attorney. Although, I am certainly
considering working as a judge later on in my career.
#2 – Question: Why have you chosen this particular area?
#2 – Answer: I chose this career because it is my passion. I want to help people that cannot help
themselves. I want to speak for the voiceless and do everything in my power to bring justice to
victims and their loved ones. My personal life and future once laid in the hands of a prosecutor to
get an indictment for a rape charge that I filed against my ex–stepfather. This particular prosecutor
was not invested enough in his work to properly work this case. He did not investigate this ... Show
more content on Helpwriting.net ...
Although it's not required, students should consider applying for an internship or externship with a
local prosecutor, if possible. In order to become a prosecutor, a student must obtain a Juris Doctor
degree by completing the credit hours required by chosen law school and maintaining a passing
GPA. Law students must also pass the Multistate Professional Responsibility Exam to demonstrate
knowledge of legal ethics as well as the bar exam in the state where he or she wants to serve as a
prosecutor.
#4 – Question: What other "specific" qualifications are required or would help you to win the
position over another applicant?
#4 – Answer: Hiring attorneys do look for certain characteristics in potential prosecutors. Applicants
should be able to deal with all types of people as they are in contact with everyone from the witness
to the judge. Hiring attorneys also want to know that an applicant can responsibly deal with the
immense power that comes with this position. Applicants must demonstrate commitment to the
criminal justice system which they can do while attending law school by participating in criminal
law clinics or by handling criminal cases as a practicing attorney. Prosecutors must feel comfortable
in courtrooms, as well as understand the needs of their communities and the law breakers'
motivations. Because successful prosecution results in an individual 's loss of rights, prosecutors
must have integrity, use discretion, and above all, seek
... Get more on HelpWriting.net ...
Witness For The Prosecution
I thought that the "Witness for the Prosecution" was very interesting. At first, I thought it was kind
of boring. It was just a normal trial, and nothing that I thought was interesting happened. However,
as the story progressed on, I became more intrigued with the plot of the story and I tried to guess
who the murderer was. When I discovered that Leonard Vole was being accused of killing Miss
Emily French, I didn't really think that he would end up being the killer because I thought, "Why
would they tell you who the murder was right away?" Every time there was evidence that pointed to
Leonard, I thought that I might be him, but I wasn't completely convinced. From that point on, I
suspected that every character was the killer. When it was discovered
... Get more on HelpWriting.net ...
The Controversy Of Volkswagen's Prosecution
Too often I find myself utterly shocked at how fickle people are. After Volkswagen was caught
polluting at a horrifying rate, people grew outraged. The company immediately apologized, fired
their CEO, and paid their customers a modest fee. Six months later, people are still brandishing
pitchforks against the company, yet no one cares that General Motors was shamelessly letting
people die for 15 years, anymore. The court case against GM yielded less than nothing for the
American people, when one considers the fact that GM paid less in fees, than the amount they were
bailed out with using taxpayer money. Before the Federal Trade Commission (FTC) opened their
false advertising case against Volkswagen, the automaker was already involved in criminal ... Show
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It is so easy to encrypt illegal conversations I am surprised anyone gets caught saying anything
objectionable nowadays. Oh... wait, baddies never learn. Apparently, the prosecution now has help
in the form of a whistleblower. Daniel Donovan claims that he was fired because he thinks that
Volkswagen thought that he was going to turn
... Get more on HelpWriting.net ...
Stephen Bonnycastle's In Search For The Prosecution
Stephen Bonnycastle lists a set of traits or stereotypes in his work In Search for Authority, that are
considered "feminine" and an opposing list that is considered "masculine"; these traits seem to be
inevitably true to life (Bonnycastle 10,11). For example, one of the traits listed is emotional, women
are expected to be emotional and when this is not the case a man is often confused and indifferent
towards the woman. This is especially the case if she is not emotional she is viewed as not feminine.
Any time a woman does not fit the idea of what society expects of her she is outcasted and frowned
upon. This hatred runs even deeper if a woman crosses over into what is considered "masculine", a
woman who shows any type of authority over a ... Show more content on Helpwriting.net ...
These women with a masculine identity face discrimination. In Updike's Breakfast at Tiffany's, Holy
takes control in her relationships therefore adopting the masculine identify. Romaine of Witnesses
for the Prosecution takes on the same masculinity as she controls her husband's fate as she presents
contradicting details about the night of the murder. Romaine also exudes authority as she takes her
husband's life for being unfaithful to her. The girls in A&P are thrown out and harshly criticized for
their choice to wear a swimsuit. These women refuse to mold into the stereotypes set before them by
a man ruled society. They take authority amidst the discrimination they inevitably face. These
women are
... Get more on HelpWriting.net ...
Prosecution Of Juvenile Offenders
As a law enforcement officer, I feel there will always be a constant debate concerning the
prosecution of juvenile offenders, especially when the juvenile is a repeat offender. Furthermore,
there are several factors that should be considered in the decision to transfer juvenile offenders from
juvenile court to criminal court such as seriousness of the crime committed, if a weapon was used
during the offense, prior criminal history (Elrod & Ryder, 2014). Additionally, include in the
juvenile waiver process the following factors are also analyzed, which include evidence, age, race,
and the location of the juvenile court (Elrod & Ryder, 2014).
Consequently, I feel the most influential factors in the decision to transfer juvenile offenders to
... Get more on HelpWriting.net ...
Medea's Prosecution Trial
Medea's Prosecution Trial (Wed. print 2 copies) Medea, a barbarian woman who once complied
with Jason to acquire the Golden Fleece betrays her country by killing her brother and father to run
in exile to Corinth. Jason takes Medea who is not from Greek background to Greece, a male–
dominated society, where he then betrays her for a royal bed. This causes Medea to seek revenge
and kill everyone around Jason including her own children. The characters describe Medea's as a
terror who planned wicked actions towards her own children, Creon's daughter and Creon himself,
just for the sake of loving Jason. Medea is considered a tragic drama where the protagonist, Medea,
murders innocent characters ... Show more content on Helpwriting.net ...
Jason states how Medea's irrational thoughts began even before his betrayal, he recalls Medea
telling him how she "killed Pelia's in the cruelest possible way" (l. 494). Medea then states how
Jason is the "worst of men" (l.494) because even though she "borne him children" (l. 496) he
betrayed her to the point where she cannot even return home since she has "become/ an enemy to
her own family (ll. 516–517). The nurse stood up and described Medea as a "terror" which reflects
that "there's no way to be her enemy and come out as a victor" (ll. 50–51). Even though Jason
explains how he offered help earlier in the play for their children's future, Medea is prideful and
refuses to "accept anything from Jason" (640–641). Jason justifies Creon's decision, to exile Medea,
because he believed that Medea was a threat since she "spoke against the royal family" (l. 463). The
audience notices that Medea is quiet and wise when planning her revenge when she states that she
will "kill in silence, by deceit" (l. 400). This foreshadows the idea of how Medea decides to
slaughter her own children with a sword (l. 1371) in order to enjoy "destroy[ing]" Jason leaving him
"childless" (ll.1372,–1373). Jason testifies against Medea and the jury decides to charger her for first
degree murder since she killed her children with her own bare hands. Jason explains to the jury that
Medea is put in exile because of her "own foolish words" which were that "she spoke against the
royal family" (ll. 455–460). The Chorus testifies against Medea by repeating one of Medea's
statements in the play which was when "a woman is faced with injustice in the bedroom," there is
no
... Get more on HelpWriting.net ...
Malicious Prosecution Essay
I.
The cases discussed below seem to agree on the four main elements of malicious prosecution: (1)
termination of earlier suit in the plaintiff's favor, (2) lack of probable cause for the suit, (3) malice
on the defendant's part, and (4) special injury flowing from the earlier suit. Frey v. Stoneman, 722 P.
2d 274, 277 (Ariz. 1986); Young v. Motor City Apartments, 133 Mich. App. 671, 675, 350 N.W.2d
790, 792 (1984). Elements (2) and (3) are satisfied in our client's case: the earlier suit lacked
probable cause; and the suit was presumably malicious because the lienholder's only motive was to
put her out of business. Element (1) is dicussed under Issue I and element (4) is discussed under
Issue II below.
Can a plaintiff sue satisfying ... Show more content on Helpwriting.net ...
The court also stated that when a suit is terminated in a way that indicates the accused was innocent
of wrongdoing it constitutes a favorable termination and that "...Termination prior to trial on the
merits is favorable if it "reflects on the merits of the matter" Frey, 722 P.2d at 279 (quoting Minasian
v. Sapse, 80 Cal.App.3d at 827, 145 Cal.Rptr. at 832). This would require trying a case within a case
to determine the outcome. The final decision on what is a favorable termination is decided by the
judge and any vagueness surrounding the termination of the prior proceedings is determined by the
factfinder. Since the court determined there were genuine issues of material fact with respect to the
details regarding the termination of the prior proceedings due to: (1) the confusing nature of the
termination, and (2) the conflicting judgments entered, the case was remanded to resolve these
issues.
Colli and Frey are similar in the sense that both cases are trying to determine whether the
circumstances surrounding the termination of the prior proceedings can satsify element (1) requiring
that they end in the plaintiffs favor through voluntary dismissals. Colli has to do with satisfying the
requirement through a voluntary dismissal without any debate; while Frey has been prosecuted as
though it was through a
... Get more on HelpWriting.net ...
Witness for the Prosecution
The mystery, "Witness for the Prosecution", was produced in 1957 by Arthur Hornblow, Jr. and
directed by Billy Wilder. The two lead male actors were Tyrone Power as Leonard Vole and Charles
Laughton as Sir Wilfrid Robarts. The lead female actor was Marlene Dietrich as Christine Helm.
"Witness for the Prosecution" superbly demonstrated a realist view of the operating procedures in a
courtroom. The actors within the courtroom were easy to identify, and the steps transitioned
smoothly from the arrest to the reading of the verdict. The murder trial of Leonard Vole provided
realistic insight into how laws on the books are used in courtroom proceedings. With the inferior
elements noted, the superior element of the court system in "Witness ... Show more content on
Helpwriting.net ...
The defense for Vole was nonexistent until a stranger provided damaging evidence against the
prosecution's most damaging witness.
For the defendant to be found guilty of murder, the burden is placed on the prosecutor "to prove the
defendant guilty beyond a reasonable doubt" (Neubauer & Fradella, 2014, p. 33). In other words,
the prosecutor, Mr. Myer must present a strong case to satisfy the jury "that charges against the
defendant are almost certainly true" (Neubauer & Fradella, 2014, p. 35). When the trial started, the
evidence was strong enough for a guilty verdict. The prosecution had three witnesses to support the
claim that Vole killed Emily French. The first witness, Inspector Hearne, provided the court with
blood evidence on the sleeve of Vole's jacket; however, during cross–examination, Sir Wilfrid
disputed the evidence because Vole's blood type was not excluded as the donor. The second witness
was Janet McKenize, Mrs. French's hard of hearing housekeeper, who stated she heard Vole and
Mrs. French talking on the night of the murder; nevertheless, during cross–examination, Sir Wilfrid
discredited her testimony when he proved to the jury that she was hard of hearing. The climax of the
prosecution came when Mr. Myers, after objections by Sir Wilfrid, called Christine Helm, Vole's
wife, to the stand. Christine was thought to be the wife of Vole but provided
... Get more on HelpWriting.net ...
The Weaknesses Within The Prosecution
The Weaknesses Within the Prosecution: After the terrorist attacks on September 11, 2001, the
United States, under President George W. Bush, pursueda foreign policy based on preemption.
Preemption, or preemptive war, is an offensive launched against any assumed threat that has yet to
materialize. The objective is to neutralize the threat before it comes to fruition; in other words, the
threat must be subdued before another terrorist attack occurs on U.S. soil. In his speech at West
Point Military Academy, former president George W. Bush explained the need for preemptive war:
If we wait for threats to fully materialize, we will have waited too long – Our security will require
transforming the military you will lead – a military that ... Show more content on Helpwriting.net ...
However, since these attacks occurred so long after the Conventions were agreed upon, many
government officials felt it was time to reinterpret them.
5.1:The Torture Memos As a result, from the early months of 2002 through August of 2003, the
Bush administration was drafting a series of memorandanow known as the Torture Memos. These
documents addressed the justification of torture that ultimately allowed for enhanced interrogation
to occur despite the Geneva Conventions. The memos were outlined by various government
officials who felt information gathering analysis needed to be strengthened. John Yoo, the Deputy
Assistant U.S. Attorney General in the Office of Legal Counsel and the Department of Justice
during the George W. Bush Aadministration, clearly emphasized in one of the first memos that U.S.
officials should not be charged for war crimes regarding the treatment and interrogation of
prisoners, especially since he argued thatthe Geneva Conventions did not apply to suspects of terror.
Similarly, Alberto Gonzales, who served as the 30th White House Counsel from 2001 to 2005,
stressed the idea that the Taliban and al–Qaeda fell outsidethe Geneva Conventions since they were
stateless and were therefore were not a high contracting party. The memo stated that "...none of the
provisions of Geneva apply to our conflict with al Qaeda in Afghanistan or elsewhere through the
world because, among other reasons, al
... Get more on HelpWriting.net ...
Yates Memorandum
The memorandum written by Deputy Attorney General, Sally Quillian Yates represents a significant
change in the government's approach toward corporate misconduct. The priority for prosecution will
focus on individuals who commit the wrongdoing within the corporation and ensure that the
responsible individuals are accountable for their misconduct. Under the Yates Memo, for companies
to be considered eligible for any cooperation credit, the corporation is required to provide the
Department of Justice with all relevant facts about an individuals' involvement in the organizations
misconduct. Thus, corporations may no longer have the option to determine what information about
which employees can be disclosed to the prosecutors. As a matter of fact, ... Show more content on
Helpwriting.net ...
The purpose of Dodd–Frank Act is focused on restrictions on the banking sector; repealing Dodd–
Frank will enable the financial market to return to a more volatile state. Moreover, the purpose of
the Volker Rule is to prohibit banks from proprietary trading and restrict banks investments in hedge
funds and private equity funds to prevent banks from high–risk trading activities. Therefore, from
the lessons we all have learned during the 2008 financial crisis, we should not reduce government
regulation in the financial sector. Instead, we should maintain our policies, continue to monitor the
health of our economy, and prevent corporate misconduct. In addition, I will recommend Mr.
Sessions continue to follow the Yates Memo to hold executive level individuals accountable for
their misconduct. And I will also support Senator Warren's proposed 21st Century Class Steagall–
Act of 2017. This act will protect our economy by restricting the bank's ability to engage in high–
risk activities, reducing the size of "too big to fail" corporations, and minimizing the probability of
government bailout. As one might be expected, my recommendation to Mr. Sessions will face a lot
of setbacks. However, as a public servant, protect the law, maintain its fairness regardless the areas
... Get more on HelpWriting.net ...
Witness For The Prosecution Essay
In the film "Witness For The Prosecution" directed by BIlly Wilder released in 1957, Wilder directs
the movie in a manner that allows the public to be well–informed on the criminal justice system
through several circumstances in the cinema. To begin with, a criminal justice issue that is present in
the film is police corruption through bribery, which is present in the scene in the movie where the
police officer accepts the cigar from Sir. Wilfred. Following that, is how the director questions the
value of honesty in the courthouse when placed under oath, in which the defendant's wife Christine
commits perjury in front of the entire courtroom. Last of all, is the issue of having spouses testifying
in a courtroom for their spousal–mate with intents of either prosecuting or defending their spouse,
such as when Christine gives an alibi that ... Show more content on Helpwriting.net ...
Bribery amongst police officers which is an outlet of police corruption has various extents such as
accepting something small such as a cigar, or accepting large sums of cash which both constitute as
a bribe, regardless of the quantitative value of what is being received. During the scene in the movie
where the police come to arrest Leonard Vole, Sir. Wilfred offers one of the officers a cigar which
the officer accepts and thanks Wilfred for. However Wilfred quickly pulls the cigar away and states
that "I'd better not, It would constitute a bribe". This film expresses how police bribery could result
from something as little as offering a single cigar to an officer. Even though, Wilfred did not seek
any favors from offering the cigar to the officer, but rather to prove a point that providing anything
to an officer can easily be interpreted as an inducement. A police receiving an inducement
contributes towards the corruption amongst law enforcement which is a serious policing
... Get more on HelpWriting.net ...
My Interest Of Law Is Most Commonly Seen From Old And...
"Law is most commonly seen in old and modern day tv shows with criminal being thrown behind
bars or perhaps in the news with the difficult legal system that no one adheres to anymore,," said
lawyer John Adkins in an interview. My interest in law began when I was a young girl. I would
check out books whose subjects ranged from law in general to actual criminal cases both solved and
unsolved. My mind would drink in all the details from the evidence, to the trial, and finally to the
conviction of the accused. One day, I was allowed to check out a DVD of a solved case in which the
defendant was found not guilty of the sudden and mysterious death of his wife. I was intrigued by
hearing and arguments of both sides. Convinced of the mans guilt, I set out on my own little
investigation which yielded little more than the awakening of my interest then and there. Unable to
disguise my growing interest, I told my mom of my dream to become a lawyer. She advised me to
carefully think of all the schooling required to achieve such a career. Past studies indicate the bare
minimum requirements include a high school diploma, any or all classes involving government,
social studies, and economics, speech courses, technology or computer classes. After high school,
four years of basic college work is required. College classes would have to cover: liberal arts track,
english, history, economics, social studies, logic, public speaking, as well as agriculture and political
science. Law school
... Get more on HelpWriting.net ...
Mandatory Prosecution Policies
In addition to many pro–arrest policies prosecutors have also played a central role to enhance victim
safety and ensure offender accountability by adopting mandatory prosecution policies in domestic
abuse cases (Finn, 2013). Most research has focused on mandatory arrest policies, few studies have
evaluated the effects of mandatory prosecution policies. These policies were first used to describe
the policies and actions that prosecutors often charged offenders with when evidence of abuse
existed, with or without the cooperation or support of the victim. Ford and Regoli (1993) had been
the first case concerned with the negative effect mandatory prosecution policies could have on a
victims' empowerment and the reoccurrence of violence in the future. Among the cases entering the
court via victim–initiated complaints, Ford and Regoli (1993) found that women who ... Show more
content on Helpwriting.net ...
Currently the justice system aims to enhance the safety of the victim, while holding the offender
accountable, thus allowing for both of the above approaches to have emerged. However, there has
been inconclusive results in regards to the effectiveness of mandatory arrest and prosecutorial
policies have had on deterring the abuse from reoccurring. Although previous studies include
potential hypotheses concerning the importance of victim empowerment, many studies have yet to
actual test the hypothesis. Although Sherman and Berk (1984) briefly addressed victim
empowerment, they did come to find a difference in recidivism rates. If the batterers were in fact
arrested, Sherman and Berk (1984) found that victims were more likely to experience repeat abuse
in twenty six percent of the cases, however, when the victims perceived the police to be concerned
for their well being, recidivism rates decreased substantially to nine
... Get more on HelpWriting.net ...
The Convergex Group 2013 Deferred Prosecution Agreement
Case Study of the ConvergEx Group 2013 Deferred Prosecution Agreement (DPA)
In December 2011, ConvergEx Group publicly disclosed parallel investigations by the United States
Securities and Exchange Commission and the United States Department of Justice. Between 2006
and 2011, two former employees of ConvergEx Group had concealed the "routing of certain global
trading and transition management customer orders to the former Bermuda trading desk of
ConvergEx Global Markets ("GCM") where they were net traded" ("ConvergEx Resolves," 2013).
According to the court documents, Acting Assistant Attorney General Mythili Raman stated
"...ConvergEx...along with several of its employees, engaged in a concerted and coordinated effort
to fleece its clients by charging them millions of dollars in unwarranted fees...and then concealing
those charges from its clients through a pattern of deception" ("Convergex Group," 2013). In
layman's terms, ConvergEx employees were moving funds through ConvergEx Global Markets in
Bermuda, while marking up or down the investments in order to keep a sum of the money for
themselves from the clients. The employees also falsified the documents that were sent to the clients
regarding these transactions. The subsidiaries and the individuals involved with this scheme were
charged with wire fraud and conspiracy to commit securities fraud and wire fraud.
On December 12, 2013 ConvergEx Group LLC signed a deferred prosecution agreement or DPA,
which included fines totaling
... Get more on HelpWriting.net ...
Criminal Prosecution And The Judicial Process
Criminal prosecution develops through various stages in the judicial process beginning with the
arrest of an individual and ending at a point before, during, or after a trial. The criminal procedure is
based on the constitutional laws, statues, and court rulings that are meant to render justice in a
criminal case. The government must follow these procedures during the entirety of a criminal case.
Beginning with the initial investigation of an individual suspected of a crime, through the arrest,
jailing, arraignment, and thereafter. Although they must act within the boundaries of the law and
protect an individual 's right to the 4th amendment of the constitution, police officers are allowed to
conduct investigations, perform search and seizures, and arrest individuals that are suspected of a
crime. Police officers do not need justification to stop someone and question them, but in order to
search an individual a police officer must have probable cause. In order to make an arrest, the
officer must either observe an individual committing a crime, have probable cause that a crime has
been committed by that person, or have a valid arrest warrant. There is no scale to measure what
probable cause is, so at the time of arrest, this is completely at the officer's discretion. This can
cause officers to subdue the wrong individuals or make faulty decisions. Judges have the final say
on what constitutes probable cause, and police officers must be able to ultimately justify their
... Get more on HelpWriting.net ...
Malicious Prosecution
Discussion I. Can our client satisfy the first requirement for a malicious prosecution suit that
requires that the termination of the earlier suit be in the plaintiff's favor when in our client's case
their termination was due to a voluntary dismissal by the initial plaintiff who changed her mind
about her claim?
To meet the first element –favorable termination– a plaintiff cannot rely on a settlement of the case
that both parties agree to. Once the litigation ends by settlement there is no favorable termination for
the purpose of pursuing a malicious prosecution. A favorable termination is satisfied by
abandonment or dismissal and without any final determination merits. However there are preceding
cases that require that ... Show more content on Helpwriting.net ...
The judgment entered by the trial court on the motion to dismiss was reversed because a termination
must be in favor of the person against whom civil proceedings are brought.
To have an action for malicious prosecution, our client must prove that a favorable termination has
taken place. In the Colli case it establishes that a voluntary dismissal "without prejudice" of a will
contest is a favorable termination. In the Frey case it is stated that when a termination or dismissal
indicates in some fashion that the accused is innocent of wrongdoing it is a favorable termination.
Also a termination without a trial on the merits may be a favorable termination of litigation if the
circumstances indicate the innocence or freedom from liability of the defendant. In a case where
there is no adjunction on the merits the existence of favorable termination of the prior proceeding,
you must look at the facts to determine what actually occurred and whom the termination benefitted.
II. Can our client show a special injury from another earlier suit against him, as required to have an
action for malicious prosecution, when his charter boat was seized pending the suit as allowed by
state, and when his professional reputation was damaged because of the suit?
To meet the fourth element –special injury– a plaintiff must show a special injury from the previous
malicious suit. A special injury can be met by
... Get more on HelpWriting.net ...
Criminal Prosecutor Career Paper
After graduating high school, there are many possible careers to consider. One such career that can
be considered is a criminal prosecutor. A criminal prosecutor is an attorney that tries to convict a so–
called "criminal" and continuously argues their point to a jury to prove the assailant is guilty.
Georgetown is a very traditional law school that requires a future lawyer to pass the LSAT just to
get in. Criminal prosecutors can be biased because one believes the defendant is guilty. For many
reasons, this career has been sought because of its achievements that come along with it. As a
criminal prosecutor, one will experience a variety of salaries and benefits, a difference in work
conditions or requirements, and most importantly need their ... Show more content on
Helpwriting.net ...
To become a prosecutor, one must have gone through law school and passed the state bar exam.
Law school may sound intimidating, but that is one of the first steps to entering into the world of
law. Unlike most professions a bachelor's degree is required before entering law school. When
getting the bachelor's an assortment of options are at play. A degree in political science, English, or
philosophy is probably one's best options when choosing a degree. This will take about four years to
complete. Following one's bachelor's degree is passing the LSAT. LSAT stands for Law School
Admissions Test, and this test needs to be taken before applying to a good law school like
Georgetown, Stanford, or Harvard. Seven years of one's life goes into getting the proper education
leading to them being a criminal prosecutor, not including training for the job. After about seven
years of a future criminal prosecutor's life one still has to interview for the job and to be a
prosecutor one must meet the requirements. One of the requirements is the ability to talk in front of
some people and able to possibly interview witnesses on their witness list. Going back to work
hours, being on call is immense because at any time one might be called to get a subpoena or
warrant. A warrant is a written issue to arrest someone or to search the desired area or get DNA. A
subpoena is a written order forcing someone to attend court. These two things play a significant role
in the art of law, and one needs to be there to get them. Passing the state bar exam is huge when
becoming a lawyer because if one doesn't pass then one doesn't have the right to practice law and
that is illegal. Communication is one of the personal attributes. Communication is key because one
is going to have to talk to all parties involved with the case and to negotiate deals. Most people are
taught how to speak
... Get more on HelpWriting.net ...
Prosecution Opening Statement
The Prosecution's Opening Statement
The prosecution opens their case by making a speech to the jury. He introduces himself and states
that he is appearing on behalf of the prosecution and introduces the attorney appearing on behalf of
the defence. The prosecution will outline each offence and the evidence the jury will hear in proving
this. The prosecutions' speech sets out the burden of proof and the standard of proof which they
have to prove in order to secure a conviction in the case. This is specific to the offence and will be
based on the elements of the offence necessary to show the defendant's guilt. The prosecution's
opening statement is a summary of the case at hand and the evidence in which they intend to adduce
to prove "beyond a reasonable doubt" that the defendant indeed committed the crime. Where the
prosecution propose to adduce a certain item ... Show more content on Helpwriting.net ...
The questioning of witnesses generally falls within three stages which are the examination –in–
chief, cross–examination and the re–examination. The first stage, examination–in–chief, is the
questioning of a witness by the party calling him .In examination–in–chief the party calling a
witness, or counsel on his behalf, will seek to elicit evidence which supports his version of the facts
in issue. The witnesses, who have been summoned, will be called on a one by one basis. These
witnesses will not be allowed to sit in, communicate, or listen to the trial until they have given their
evidence to the court. The witnesses will be taken to the witnesses stand and will normally remain
standing until they have finished giving evidence. They will be sworn in to the effect, on the bible or
by affirming, that the evidence they are about to give is the truth. The prosecution will then ask the
witness a series of questions. This is generally intended for the witnesses to deliver their account of
the events in relation to the
... Get more on HelpWriting.net ...
Community Prosecution : New York
In 2000, Community prosecution was introduced to Atlanta by Fulton County's District Attorney
("D.A."), Paul Howard. D.A Howard saw the need to make neighborhoods safer. Even with law
enforcement patrolling the streets of Atlanta, neighborhood crimes continued to increase. A few
years ago, D.A. Howard visited King's County District Attorney's Office in New York, and during
his visit he learned about community prosecution. Mr. Howard discovered the solution but he
needed the citizens backing and support. The main key to establishing community prosecution was
getting local communities involved and them working with law enforcement to make their
neighborhoods safer. The community could provide more details about the neighborhood crimes
because they lived there. This program helped with prosecution of low–level offenses and repeat
offenders. Most low–level offenses often include, non–violent drugs offenders, disorderly conduct,
loitering, driving without a valid driver license, probation violation and some minor infractions.
With the strength of the community, community leaders and law enforcement, prosecutors are able
prosecute the offenders, while ensuring the safety of community neighborhoods. Not only does
community prosecution help prosecutors with convictions but restore the public's trust in the justice
system. Fulton County police department is divided into zones. Each zone is in different areas that
include several different neighborhoods. Zone 4 was the first zone
... Get more on HelpWriting.net ...

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Pro Prosecution Policy

  • 1. Pro Prosecution Policy These deficiencies in pro–prosecution policies as presently implemented will need to be addressed if victim endorsement of such policies is to be achieved (MacLeod, 1995). Another deficiency in the mandatory charge policy is that it further marginalizes and isolates the already disadvantage groups, especially the minority and immigrant women. Minority women face the same obstacles in leaving violent relationships as white or cultural majority women – money, childcare, housing, transport; but each of these issues may also carry culturally specific inflections, exacerbated by racism and class position (Berman, 2001). Bobbie McMurrich, Director of Programs of the Victims Services, emphasized the importance of cultural sensitivity in dealing ... Get more on HelpWriting.net ...
  • 2. Defense Counsel And For The Prosecution A topic of conversation that always comes up when I mention that I'm doing a placement with a criminal barrister, one who works as both defence counsel and for the prosecution, is the idea of representing a client who is 'guilty'. I'm asked "but what if you know that they did it?" and "wouldn't you feel bad if they got off?" The thing is, as defence counsel – these are not your concern, for the most part. I believe that it is counterproductive and unnecessary to determine the guilt of a client prior or during your time representing them, for a number of reasons that I will outline. Firstly, the burden of proof depends on the state. The prosecution, with the assistance of evidence gathered during police and /or forensic investigation, ... Show more content on Helpwriting.net ... It was a drug trafficking case, and C has prior convictions for similar offences. Briefly, the drug investigation branch found C at home with almost $10,000 in cash hidden in his underwear, and flushed remnants of methamphetamine in his toilet. Nick and I were convinced that C needed to plead. However, when it got to trial, * J gave the prosecutor a particularly difficult time because, as it became evident, the prosecutor had effectively no evidence: no samples had been taken from the sink that C had allegedly used to flush drugs down. A trained police dog that had run to the bathroom, and knelt down to indicate the presence of drugs. This came an enormous shock to the courtroom. I had assumed that the prosecution had had some solid evidence to go to trial with, and I believe that Nick had similarly overlooked the lack of evidence. Nick's client was annoyed and said, "You wanted me to plead guilty!" By a stroke of luck, Nick's client escaped unscathed. Nick jumped on Her Honour's observations and a nolle prosequi resulted. This was a valuable lesson for me because I realized that sometimes matters that appear obvious (for example: the absence of evidence) might go unnoticed, even through a number of good hands at the DPP. It is for you, then, as a lawyer, to ensure that the state, at all stages, is held to a high standard. The flipside of this is that it must be incredibly frustrating for a prosecutor ... Get more on HelpWriting.net ...
  • 3. Non-Prosecution and Deferred Prosecution Agreements Just like people, corporations have the capability of committing criminal acts. The Enron scandal in 2001; the Bernard Madoff ponzi–scheme of 2008–2009; both of these examples show that despite internal and external controls, regulations, and oversight, corporations still are a multi–faceted entity that have the propensity to partake in crime. That being true, that criminal entity must be punished and held responsible for their actions. One tool in the prosecutorial tool belt is the use of deferred prosecution and non–prosecution agreements. According to Lanny Breuer, the United States Department of Justice's Criminal Division, "over the last decade, deferred prosecution agreements have become a mainstay of white collar criminal law ... Show more content on Helpwriting.net ... Mary Jo White, the chairwomen of the Securities Exchange Commission (SEC), explains that DPAs and NPAs can facilitate a middle ground between "punishment and practicality ((Debold et al, 2012). Since some corporations have a large impact on society as a whole, their punishment may end up punishing society as well. Ms. White describes this as the consequence of full criminal charges ((Debold et al, 2012). The resulting criminal indictment would be "considered negative" and would have "very undesirable collateral consequences to the public interest ((Debold et al, 2012). With that in mind, where would the appropriate justice be in this situation: prosecuting a corporation to fullest extent of the law, which may have untold consequences on society; or by utilizing NPAs and DPAs, and correcting the behavior through hefty fines, strict compliance rules, and prosecutorial oversight? I believe that the latter is the best appropriation of justice. An argument against NPAs and DPAs is the thought that it may "limit the punitive and deterrent value of the government's law enforcement efforts" (Uhlmann, 2013). While the use of NPAs and DPAs allow corporations to escape from criminal charges and punishments, it allows, like a first time offender, to rectify their wrongs and prove that they can follow the law. It may not be an ideal method of fixing ... Get more on HelpWriting.net ...
  • 4. Witness For The Prosecution Quotes Ever seen the classic movie Witness for the Prosecution? Let me quote a dialogue from it between Sir Wilfred Roberts, the defense lawyer and Leonard Vole, the murder accused. Roberts: Mr. Vole I must tell you I'm not putting her (Mrs. Vole) in the witness box. Vole: You're not? Why not? Roberts: Well one thing she's a foreigner, not too familiar with the subtleties of our language. The prosecution could easily trip her up. Even if one is not in the position of Mr. Vole and one's life does not depend on it, the above quote still demonstrates the importance of language and language classes. If you don't know a language properly and have to interact with the people who speak it, you're going to have a hard time and will often be misunderstood. ... Get more on HelpWriting.net ...
  • 5. The Examination Of The Prosecution Witness Dear James Blackburn, thank you for contacting me with your case. As an expert witness, I am more than happy to assist you in the examination of the prosecution witness' evidence and account of the incident. Firstly, we must consider any confounding factors that may have influenced the witness' memory and therefore influencing their testimony. Some factors we must consider are; cross–race effect (CRE), weapon focus effect, own age bias (OAB) and the bystander effect. I will attempt to aid you in this case by referring to information and knowledge that has been provided and highlighted by previous research. These factors must be deliberated in regards to the validity and credibility of the witness's statement. Nonetheless, I will provide as much information I can to help with your client's case. Issue: Cross race effect Fact: The witness is Black and the client is Caucasian. Opinion: The cross–race effect, otherwise referred to as 'own–race bias' explains why people are more likely to recognise someone who is the same race as them. In this case, the witness may have misinterpreted the scene as a result of this effect. For example, the criminal justice system regularly relies on eyewitness identification when a crime has been committed (Sporer, 2001). Eyewitness identification is still used despite the common difficulties eyewitnesses have recognising faces of racial outgroup members. In your client's case, a black witness, and a white out group. These recognition errors ... Get more on HelpWriting.net ...
  • 6. Criminal Prosecution Services of Pakistan Criminal Prosecution Services of Pakistan Introduction In Pakistan, public prosecution is a provincial subject. Thus, matters pertaining to administration and financial control of the prosecution service are within the purview of the provincial government. On the other hand, matters pertaining to rules of procedure and duties of prosecutors at criminal trials are governed by the Criminal Procedure Code of 1898. The prosecution service throughout had remained under the home department, and had been regulated by the police from which the public prosecutors and deputy public were drawn from the ranks of deputy superintendents of police and inspectors. Under no condition was any officer below the rank of sub–inspector authorized to act as a ... Show more content on Helpwriting.net ... Appointment of Prosecutors All the appointments, except that of the prosecutor general, to various posts in the service are to be made through initial recruitment whereas, at least fifty percent appointments on the posts of additional prosecutor general and deputy prosecutor general are to be made through promotion. No direct recruitment is to be made on regular basis to the posts of district public prosecutor, deputy district public prosecutor, assistant district prosecutor, additional prosecutor general and deputy prosecutor general except on the recommendation of the provincial public service commission: Functions of the Prosecutors 1. The Prosecutors are responsible for the conduct of prosecution on behalf of the Government. 2. The prosecutor general or if so authorized by him, an additional prosecutor general distribute work to the prosecutors in the supreme court, the high court, the federal shariat court or a special court established under any law for the time being in force. 3. A district public prosecutor distributes work to the prosecutors with respect to the courts of session and courts of magistrates within a district. 4. A police report including a report of cancellation of the first information report or a request for discharge of a suspect or an accused is to be submitted to a Court through the Prosecutor. 5. The Prosecutor scrutinize the report or the request and may ; a. Return the same within three days to the ... Get more on HelpWriting.net ...
  • 7. The Onus Of Prosecution: Case Study 1. Slash, the victim, is part of the prosecution against the alleged crimes done by the accused Dr.Nick and Mr. Lance. Slash is a 17 year old male, therefore according to Queensland jurisdiction, he is classified as a child. Slash has obtained forms of body modification from the defendants while his parents were away on an overseas holidays. Slash's older brother Edge, who is a 20 year old male, has been brought as a witness to the prosecution. Thus, the responsibility of the prosecution is to then prove that the crimes by the accused were committed and establish the onus of proof. To prove the defendants intentions, the mens rea (mental state) and actus rea (physical act) must be found. It is then jury's duty in the court to give the verdict to the defendants as guilty, as proven beyond a reasonable doubt. The Judge of ... Show more content on Helpwriting.net ... The precedent that will be related to the defendant Dr.Nick is the GRAEME STEPHEN REEVES v THE QUEEN [2013] HCA 57 case. Graeme Stephen Reeves is a deregistered former gynaecologist and obstetrician from New South Wales, who was convicted with the offence of maliciously inflicting grievous bodily harm with intent. The complainant is Reeves patient, CDW. The harm was the surgical removal of her vulva, including her labia and clitoris. CDW consented to surgery, however, she was not told details about the removal of her entire vulva, including her labia and clitoris. Mr Reeves claims that she did consent to the surgery. This case is similar to the situation with Slash vs. Dr.Nick with the tongue splitting. Dr.Nick states that he has a checklist process of consent before the patient wants the surgery and believes that he discussed the reversal procedure of the split tongue. Slash on the other hand, states that he was not informed that a split tongue does not grow back and does not recall any of the checklist process or discussion with Dr.Nick. This being said, the precedents both have the issue over the communication of consent in surgical ... Get more on HelpWriting.net ...
  • 8. The Prosecution Of Child Pornography In Australia "Prosecution of child pornography" The law is already enforced against child pornography and it is implemented and enforced over the internet. 5. Social behaviour Further social study proves that "cyber porn" distributed psychological difficulties. This domain is causing problem in our society. At present there are more teenage single mums then ever before. The psychological effects of the increased needs of sexual drive cause STD (Sexually Transmitted disease). Over all, the easy access to "cyber porn" leading to potential negative psychological consequences. Case Against 1. Censorship for child, who is the responsible? After taking close look at the circumstances in relation to "cyber porn" and access to internet for a child, it is ... Show more content on Helpwriting.net ... One perspective is that the "Arab Spring" may refer as "Twitter Revolution" or "Facebook revolution". Social media played a vital role to reshape the politics of "Middle East". The impact of this change was very crucial for the governments. The lash back of this change was different in different countries. In "Tunisia" and "Egypt" government regimes did not have any social media base and they could not estimate the impact of social media in the society. In "Tunisia" and in "Egypt" nine out ten people responded to a poll conducted by the "facebook" to organise the protest. Finally its ended up with a regime change democracy won through social media ... Get more on HelpWriting.net ...
  • 9. Arthur Mabo Prosecution Thank you for everyone for being both patient and attentive in this matter. Ladies and gentlemen, there is an undoubtable difference between convicting someone for a crime they committed and retribution. There is a difference between the innocence of a man and man made tales. And there is a difference between what constitutes reasonable doubt and what amounts to just excuses by the prosecution. Ladies and gentlemen of the jury, the prosecution, being methodical, is just trying to brainwash and manipulate you into believing my client, Arthur Mabo, is responsible for acting as the supposed "president" for a rebel group whose agenda was to establish total security through violence. As nicely scripted as it sounds, he is innocent. Innocent and ... Get more on HelpWriting.net ...
  • 10. Essay about forum3 1 .Explain how "the desire to win" can lead a prosecutor to pursue a case that should be dropped or choose to not disclose evidence that would exonerate a defendant. How does the organizational/occupational culture affect their motivations? The prosecutor's interest in the prosecution is to win, and for the unscrupulous, unethical prosecutor to win regardless of the guilt or innocence of the accused. The prosecutor's career path could be injured by failing to win, showing the lack of skill as a prosecutor for a lost criminal case, or poor professional judgment in obtaining an indictment which later was dismissed. The prosecutor's career path is enhanced by being, and being known as the "winner", which enables the prosecutor to get more ... Show more content on Helpwriting.net ... When the prosecutor responds to the announced wishes of the major media, the prosecutor is rewarded with favorable publicity. But when the prosecutor fails to do the medium's bidding, the prosecutor can expect to receive little or no publicity, which will put the prosecutor's career in a terminal, downward tailspin. Give a real life example of prosecutor misconduct and indicate briefly how/if that prosecutor was punished? In 1987 in Texas, a prosecutor was faced with this dilemma. Michael Morton was convicted of murdering his wife based on circumstantial evidence. Morton's defense attorney was never told about, or given access to, the police report in which Morton's three year old son had told police that his daddy had not killed his mommy. After serving 25 years for murdering his wife, Morton was exonerated after attorneys were finally given access to the police report and DNA testing of a bloody bandana found at the scene of the murder matched a man who was serving a sentence for the murder of another woman. Ken Anderson the prosecutor in the case pled guilty to failing to disclose and got 10 days in jail, and 500 hours of community service. 2. What can be done to reduce prosecutorial misconduct? In my opinion extra judicial oversight could be used to try and reduce prosecutorial misconduct. 3. If you were to ... Get more on HelpWriting.net ...
  • 11. Emma Woodhouse Prosecution What were the strong and weak points of each side? The workers – The strong points are the accusations they could put on the industrialists; they have worked like slaves and the salary they got. The weak points are Industrialists – The strong points are that the they owned the company and they gave jobs to the workers and you know in America if you don't have a job you are done. The weak points What were the major arguments of the prosecution? The major arguments of the prosecution is Emma Woodhouse who was a textile child worker. The quote said by her "My brother and I were just 8 and 10 when we were sent out to work to simply help our family survive. We got work in the garment factories. We made $1.50 a week and usually worked 6 days ... Show more content on Helpwriting.net ... Have you ever even seen 1 million dollar? They have given more than 100 million to the charity. They gave jobs to people because in America you know you are done if you don't have a job. How would the prosecution try to prove its case? The prosecution will try to prove its case by accusing the industrialists of crime of humanity. They will also show how much money they get as salary for hours they work. What would be the strategy of the defense team? The strategy of the defense team will be to show all the good things they have done and all the money they have donated. Also, the invention they have made for the people which turns out to be very helpful at that time. For example: they built trains and libraries. What is the role of evidence? Why is it important? The role of evidence is very important. It is important because in other countries, they just kill people but this is America and everything is done with evidence. For example; You could kill people but if you don't have evidence against you, you could still live and if you are innocent but there is evidence against you could still go to jail. What, in your opinion, was the strongest argument and evidence and ... Get more on HelpWriting.net ...
  • 12. Prosecutions In Victorian London Prosecutions in Victorian London By:Justice Crawford Over two hundred years ago in Victorian London, merchants would cut thieves' fingers off for stealing fruit from their market.In the early nineteenth century, court conditions and the treatment of both the victim and the accused was very different from today. Trials in court were often very quick. Prosecutors, judges and jurors had more power and choice. Punishments varied based on the criminals' social class and gender. If the accuser was pleaded guilty it would be nearly impossible to plead their innocence even if there was significant evidence.The Victorians were very distraught about crime. Levels rose sharply towards the end of the 18th century and continued to rise through ... Show more content on Helpwriting.net ... Since whites were the settlers of London they had more privileges than immigrants and blacks. In the article, Victorian London written by David Ross, Ross explains the life of a regular citizen in Victorian London. During the time where immigrants and blacks migrated to London, whites started to make their own local police force called "Bobbies". On page 12, Ross writes "In 1829 Sir Robert Peel founded the Metropolitan Police to handle law and order in areas outside the City proper. These police became known as "Bobbies" after their founder. The early part of the 19th century was the golden age of steam. The first railway in London was built from London Bridge to Greenwich in 1836, and a great railway boom followed. Major stations were built at Euston (1837), Paddington (1838), Fenchurch Street (1841), Waterloo (1848), and King's Cross (1850)." This quote says that with the help of slaves and workers London built wonderful attractions such as the Paddington and King's Cross. Also on page 15, it says "The workers in London were not only facing competition from their fellow–countrymen, but also from people across Europe like the Irish and the Jewish, who came to London to find jobs. The 19th century London was the world's largest city and a political, economic and trading capital of Britain. The London city during the 19th century saw a gradual but steady ... Get more on HelpWriting.net ...
  • 13. A Statement Of Facts About The Prosecution Statement of Facts The prosecution would like to know whether they can convict Rene Graham with armed robbery. Rachel Hunter is a white Caucasian 43 year–old married woman weighing approximately 125 lbs. and 5 foot 3 inches in height. Mrs. Hunter resides in Dearborn, Michigan with her husband Jeffrey Hunter. Dr. Rene Graham was charged with armed robbery of Mrs. Hunter. Dr. Graham is a Caucasian woman, approximately 6–foot in height, 165 lbs. and 30 to 35 years of age. Dr. Graham was found to be resident of Garden City, Michigan. The date of the incident was August 11, 2016, the incident location was the public parking lot of 37101 Warren Rd Westland, Michigan in which the Golden Corral buffet restaurant is located. Mrs. Hunter had no previous relationship with Graham prior to the incident in Golden Corral. Mr. Jeffrey Hunter had a previous relationship with Graham prior to the incident in Golden Corral. The prosecution would like to determine whether they can convict Dr. Graham with armed robbery. Mrs. Hunter was dinning at the incident location, from 5:00 to 6:00 pm with three of her friends. Mrs. Hunter was wearing necklace pendant that was recently giving to her by her husband for their fifteenth anniversary. The description of the piece of jewelry is a shining dark pink ruby and shining white diamond capital letter 'R' shaped necklace. The necklace has pink red rubies on the right side and white diamonds on the left. In Golden Corral Mrs. Hunter ... Get more on HelpWriting.net ...
  • 14. The Domestic Violence And Sex Crimes Units Of The... Introduction Experience is an attribute of ultimate success in the workforce. In order to gain experience, I recently completed an internship at the Marion County Prosecutor 's Office (MCPO). I worked for the paralegals within the Sex Crimes and Domestic Violence Units of the Prosecutor 's Office. While completing this internship, I learned several lessons that will help to enhance my professional ambitions following graduation, while simultaneously learning about the functionality and dysfunctionality of the organization byand theorizing on how the organization could improve. Functionality The Domestic Violence and Sex Crimes Units of the Marion County Prosecutor 's Office had numerous functional aspects to their organization. The organizational structure was one of the strongest benefactors to the functionality of the office. The Prosecutor 's Office could be seen as a mechanistic or bureaucratic organization, meaning that the office wasis based on a hierarchy with vertical communication structures. The prosecutors were the highest level of authority; who would communicate their needs to the paralegals (the middle level authority), and the paralegals would relay these messages to the interns, who were at the lowest level of the communication structure. There were were two paralegals within the Domestic Violence Unit who served under eight prosecutors. As an intern, I was serving under the paralegals. The organizational structure benefitted the lower level ... Get more on HelpWriting.net ...
  • 15. The Prosecution Of The Jury In a court room you have a judge, lawyers, a defendant, a plaintiff, a witnesses, an audience, and a group of twelve people who decide the defendant 's fate–the jury. The lawyers and witnesses main jobs are to convince the jury that the defendant or the plaintiff deserves justice. This is exactly what Emma Goldman does in her speech "Address to the Jury" delivered in 1917. Goldman is trying to defend herself and her co–defendant, Alexander Berkman, that they were not doing non– conscription activities. At this time period a non–conscription activity is someone hiding from being drafted. In Goldman 's "Address to the Jury" she uses repetition, anecdotes, and dramatic pauses to prove to the jury that the defendant and herself are not guilty. Repetition is used by authors or speakers to get important thoughts across. Goldman uses repetition multiple times. She uses one main phrase throughout the whole speech, but also uses one or two other repetitions. The main phrase she uses is "Gentlemen of the jury." She uses this phrase multiple times to make sure that the jury retains their attention to the matter at hand. She would go on a rant or a story to help defend herself and Berkman she would either end with "Gentlemen of the jury" or she would start her next rant or story with it. By doing this she is bringing the juries attention back to her main point–they are not guilty. Another set of repetition she uses that isn 't used as often is the phrase "you are not called upon." ... Get more on HelpWriting.net ...
  • 16. The Failed Prosecution Of O.j. Simpson The Failed Prosecution of O.J. Simpson In every case a prosecution should do what it takes to show that the defendant is guilty and bring justice to their clients. This should always ring true but in the murders of Nicole Brown–Simpson, and Ron Goldman I continue to notice multiple flaws in the case. In the research conducted, I develop a negative view of the individuals that put this case together. I believe there are six mistakes that occur on the part of the prosecution, that lead to a Not Guilty verdict deciding the fate of one Orenthal James Simpson. To understand the evidence you must first understand what occurred in these murders. The O. J. Simpson murder case (officially the People of the State of California v. Orenthal James Simpson) was a criminal trial held at the Los Angeles County Superior Court in California. The trial spanned from the jury 's swearing–in on November 2, 1994, to opening statements on January 24, 1995, to a verdict on October 3, 1995. The former professional football star and actor O. J. Simpson was tried on two counts of murder after the deaths of his ex–wife, Nicole Brown Simpson, and waiter Ronald Lyle Goldman, in June 1994 (Simpson). The case has been described as the most publicized criminal trial in American history (USA Today) Simpson was acquitted after a trial that lasted more than eight months (Turow). The article on PBS titled "The O.J.Verdict", discusses the fact that Simpson was found not guilty due to weak execution by the ... Get more on HelpWriting.net ...
  • 17. Immunity in the U.S. Court Essay The right to not incriminate one's self is established within the Fifth Amendment of the Constitution. The Fifth Amendment states, "No person...shall be compelled in any criminal case to be a witness against himself" (Davenport, 2006, P. 87). People may plead the fifth as a means of refusing to answer questions about alleged criminal activities. The right to not self incriminate, is a fundamental right meant to protect individuals from being forced into giving evidence that could be used against one's self. This concept against self incrimination extended to forced confessions due to Miranda v. Arizona. In the Miranda case, the Supreme Court decided that police have an obligation to inform a suspect to his rights under Constitution. ... Show more content on Helpwriting.net ... In some cases this works in two ways. For example, if a defendant gives testimony about a murder cases and says were they threw the gun, police cannot be asked to search for the weapon to be used as evidence. However, if by chance someone independent by the government finds the weapon and turns it in, the weapon can be used as evidence against the defendant (Davenport, 2006). The other form of Immunity is transactional immunity, which is "absolute protection against prosecution for any event or transaction about which a witness is compelled to give testimony or furnish evidence" (Neubauer, 2011, p. 466). This form of immunity is said to be the preferred form of immunity by defendants, because the government will be barred from prosecuting the defendant for a crime they were granted immunity (Davenport, 2006). Use immunity grants less protection than transactional immunity in that witnesses may not refuse the government's offer of immunity. In this case, accepting immunity is forced and is not a choice. In the case Kastigar v. United States, the belief was that Charles Joseph Kastigar would use the Fifth Amendment protection against self incrimination. The issued an order granting immunity but Kastigar and Stewart refused to testify (Kastigar v. United States – Case Background, 2009). The claim was that "only transactional immunity, which was not granted, would ... Get more on HelpWriting.net ...
  • 18. Witness For The Prosecution Essay This 1957 courtroom production Witness for the Prosecution based on a short story and later a play by Agatha Christie involves the seasoned barrister and curmudgeon Sir Wilfred Robarte, played by Charles Laughton. He takes on the murder defense of Leonard Vole played by Tyrone Power. Robarts' private nurse played by Elsa Lancaster objects constantly, reminding him of his doctor's advice to stay away from criminal cases due to his ill health. Vole is accused of the murder of a wealthy older woman Mrs. French played by Norma Varden who appeared to have fallen in love with Vole and changed her will to give him the bulk of her estate. The evidence strongly points to Vole's involvement. Vole claims his defense is based on the fact that his wife, Christine played by Marlene Dietrich, will testify that Vole arrived home the evening of the murder long before it transpired. Robarts counsels Vole that the testimony of his wife ... Show more content on Helpwriting.net ... In one instance he objections to the prosecution's evidence by stating if his colleague is going to both ask and answer the same question. The presence of the witness "was superfluous." The prosecution last witness who was Christine Vole, the wife of Vole, brought a shock to both Robarts and the viewing audience. Robarts immediately objects, but Christine then started to testify that her marriage to Vole was fraudulent, since she was already married when she met Vole and her first husband is still alive. Her testimony against Vole was blasphemy, including her claim that Vole arrived home the night of the murder with blood on his clothing and admitted her that he had killed Mrs. French. Robarts' cross examination on Christine admit that she told a number of lies before appearing in court that day and concludes his statement that he is surprised "the testament did not leap from your hands" when she took the ... Get more on HelpWriting.net ...
  • 19. The Prosecution Of Sexual Assault The prosecution of sexual assault is unlike the prosecution of any other criminal offence. There an intense focus on the character and motivation of the complainant. Traditionally, this focus has translated into a preoccupation with aspects of the complainant 's behavior which is not immediately related to the circumstances of the offence. One example is whether the complainant provided a "recent complaint" after the assault. This focus also results in an extraordinary interest in the demonstration of proof of resistance by the complainant and the corresponding application of force by the perpetrator, though neither is an element of the crime. A proper appreciation of the law in this area requires an understanding of the legal evolution of ... Show more content on Helpwriting.net ... It is not mentioned in our conversations and that silence contributes to the continuation of domestic and sexual violence. As early as the year 800, rape was a capital offense in Anglo–Saxon England. In 1769, William Blackstone, the leading eighteenth–century authority on common law in both England and the colonies, defined "common law rape" as the "carnal knowledge of a woman forcibly and against her will" (Samaha). The definition boiled down to four elements: Sexual intercourse by force or a threat of severe bodily harm (actus reus). Intentional vaginal intercourse (mens rea). Intercourse between a man and a woman who wasn't his wife (attendant circumstance). Intercourse without the woman's consent (attendant circumstance). The common law required proof beyond a reasonable doubt of all four elements. In the common law trials, rape victims were allowed to testify against accused rapists; it was up to the jury to decide whether to believe them. But the victim's credibility depended on three conditions, always difficult (and often impossible) to satisfy: Her chastity, whether she promptly reported the rape, whether other witnesses corroborated the rape (womanslawproject.org). By the 1970s and 1980s was a time of major reform of sex offense laws. First, states changed rape prosecution procedures that had been in effect since the 1600s. Many states abolished the corroboration rule that required the ... Get more on HelpWriting.net ...
  • 20. The Prosecution Of Charles V. (CPS) Question 1 Charles has been charged with burglary and theft, which is an either–way offence, under s.9 (1) of the Theft Act 1968 . This means he can be tried either summarily in the magistrates' court or on indictment in the crown court. When deciding whether or not to charge and prosecute Charles, the Crown prosecution (CPS) lawyer must refer to the Code of Practice for crown prosecutors issued by the Director of Public prosecutions under s.10 of the Prosecution of Offences Act 1985 , in order to make decisions about prosecutions according to the facts of each case following the guidance set by the code. The CPS lawyer will make his decisions in accordance with the full code text in para.4 of the code set by the s.10 of the Act, to decide ... Show more content on Helpwriting.net ... This means he can be tried either summarily in the magistrates' court or on indictment in the crown court. The first court hearing will be the plea before venue in the Magistrates' court in Charles's present, according to s.17 of the Magistrates' court. The court will explain the process to Charles in language that he understands, Charles would be asked to indicate his plea of either guilty or not guilty, the court will also make known to him that if he intends to plead guilty he will be dealt with summarily according to s.9 of the MCA 1980 . However, if the magistrates' court feels the sentencing powers was insufficient, then Charles will be sent to Crown Court for sentencing under s.3 of the Criminal Courts (Sentencing) and then be sentenced as if tried on indictment. But if his intention was not to plead guilty, the magistrates will adjourn the case for an allocation ... Get more on HelpWriting.net ...
  • 21. What Is Your Career Choice? #1 – Question: What is your career choice? #1 – Answer: My set goal for the future is to become a District Attorney. Although, I am certainly considering working as a judge later on in my career. #2 – Question: Why have you chosen this particular area? #2 – Answer: I chose this career because it is my passion. I want to help people that cannot help themselves. I want to speak for the voiceless and do everything in my power to bring justice to victims and their loved ones. My personal life and future once laid in the hands of a prosecutor to get an indictment for a rape charge that I filed against my ex–stepfather. This particular prosecutor was not invested enough in his work to properly work this case. He did not investigate this ... Show more content on Helpwriting.net ... Although it's not required, students should consider applying for an internship or externship with a local prosecutor, if possible. In order to become a prosecutor, a student must obtain a Juris Doctor degree by completing the credit hours required by chosen law school and maintaining a passing GPA. Law students must also pass the Multistate Professional Responsibility Exam to demonstrate knowledge of legal ethics as well as the bar exam in the state where he or she wants to serve as a prosecutor. #4 – Question: What other "specific" qualifications are required or would help you to win the position over another applicant? #4 – Answer: Hiring attorneys do look for certain characteristics in potential prosecutors. Applicants should be able to deal with all types of people as they are in contact with everyone from the witness to the judge. Hiring attorneys also want to know that an applicant can responsibly deal with the immense power that comes with this position. Applicants must demonstrate commitment to the criminal justice system which they can do while attending law school by participating in criminal law clinics or by handling criminal cases as a practicing attorney. Prosecutors must feel comfortable in courtrooms, as well as understand the needs of their communities and the law breakers' motivations. Because successful prosecution results in an individual 's loss of rights, prosecutors must have integrity, use discretion, and above all, seek ... Get more on HelpWriting.net ...
  • 22. Witness For The Prosecution I thought that the "Witness for the Prosecution" was very interesting. At first, I thought it was kind of boring. It was just a normal trial, and nothing that I thought was interesting happened. However, as the story progressed on, I became more intrigued with the plot of the story and I tried to guess who the murderer was. When I discovered that Leonard Vole was being accused of killing Miss Emily French, I didn't really think that he would end up being the killer because I thought, "Why would they tell you who the murder was right away?" Every time there was evidence that pointed to Leonard, I thought that I might be him, but I wasn't completely convinced. From that point on, I suspected that every character was the killer. When it was discovered ... Get more on HelpWriting.net ...
  • 23. The Controversy Of Volkswagen's Prosecution Too often I find myself utterly shocked at how fickle people are. After Volkswagen was caught polluting at a horrifying rate, people grew outraged. The company immediately apologized, fired their CEO, and paid their customers a modest fee. Six months later, people are still brandishing pitchforks against the company, yet no one cares that General Motors was shamelessly letting people die for 15 years, anymore. The court case against GM yielded less than nothing for the American people, when one considers the fact that GM paid less in fees, than the amount they were bailed out with using taxpayer money. Before the Federal Trade Commission (FTC) opened their false advertising case against Volkswagen, the automaker was already involved in criminal ... Show more content on Helpwriting.net ... It is so easy to encrypt illegal conversations I am surprised anyone gets caught saying anything objectionable nowadays. Oh... wait, baddies never learn. Apparently, the prosecution now has help in the form of a whistleblower. Daniel Donovan claims that he was fired because he thinks that Volkswagen thought that he was going to turn ... Get more on HelpWriting.net ...
  • 24. Stephen Bonnycastle's In Search For The Prosecution Stephen Bonnycastle lists a set of traits or stereotypes in his work In Search for Authority, that are considered "feminine" and an opposing list that is considered "masculine"; these traits seem to be inevitably true to life (Bonnycastle 10,11). For example, one of the traits listed is emotional, women are expected to be emotional and when this is not the case a man is often confused and indifferent towards the woman. This is especially the case if she is not emotional she is viewed as not feminine. Any time a woman does not fit the idea of what society expects of her she is outcasted and frowned upon. This hatred runs even deeper if a woman crosses over into what is considered "masculine", a woman who shows any type of authority over a ... Show more content on Helpwriting.net ... These women with a masculine identity face discrimination. In Updike's Breakfast at Tiffany's, Holy takes control in her relationships therefore adopting the masculine identify. Romaine of Witnesses for the Prosecution takes on the same masculinity as she controls her husband's fate as she presents contradicting details about the night of the murder. Romaine also exudes authority as she takes her husband's life for being unfaithful to her. The girls in A&P are thrown out and harshly criticized for their choice to wear a swimsuit. These women refuse to mold into the stereotypes set before them by a man ruled society. They take authority amidst the discrimination they inevitably face. These women are ... Get more on HelpWriting.net ...
  • 25. Prosecution Of Juvenile Offenders As a law enforcement officer, I feel there will always be a constant debate concerning the prosecution of juvenile offenders, especially when the juvenile is a repeat offender. Furthermore, there are several factors that should be considered in the decision to transfer juvenile offenders from juvenile court to criminal court such as seriousness of the crime committed, if a weapon was used during the offense, prior criminal history (Elrod & Ryder, 2014). Additionally, include in the juvenile waiver process the following factors are also analyzed, which include evidence, age, race, and the location of the juvenile court (Elrod & Ryder, 2014). Consequently, I feel the most influential factors in the decision to transfer juvenile offenders to ... Get more on HelpWriting.net ...
  • 26. Medea's Prosecution Trial Medea's Prosecution Trial (Wed. print 2 copies) Medea, a barbarian woman who once complied with Jason to acquire the Golden Fleece betrays her country by killing her brother and father to run in exile to Corinth. Jason takes Medea who is not from Greek background to Greece, a male– dominated society, where he then betrays her for a royal bed. This causes Medea to seek revenge and kill everyone around Jason including her own children. The characters describe Medea's as a terror who planned wicked actions towards her own children, Creon's daughter and Creon himself, just for the sake of loving Jason. Medea is considered a tragic drama where the protagonist, Medea, murders innocent characters ... Show more content on Helpwriting.net ... Jason states how Medea's irrational thoughts began even before his betrayal, he recalls Medea telling him how she "killed Pelia's in the cruelest possible way" (l. 494). Medea then states how Jason is the "worst of men" (l.494) because even though she "borne him children" (l. 496) he betrayed her to the point where she cannot even return home since she has "become/ an enemy to her own family (ll. 516–517). The nurse stood up and described Medea as a "terror" which reflects that "there's no way to be her enemy and come out as a victor" (ll. 50–51). Even though Jason explains how he offered help earlier in the play for their children's future, Medea is prideful and refuses to "accept anything from Jason" (640–641). Jason justifies Creon's decision, to exile Medea, because he believed that Medea was a threat since she "spoke against the royal family" (l. 463). The audience notices that Medea is quiet and wise when planning her revenge when she states that she will "kill in silence, by deceit" (l. 400). This foreshadows the idea of how Medea decides to slaughter her own children with a sword (l. 1371) in order to enjoy "destroy[ing]" Jason leaving him "childless" (ll.1372,–1373). Jason testifies against Medea and the jury decides to charger her for first degree murder since she killed her children with her own bare hands. Jason explains to the jury that Medea is put in exile because of her "own foolish words" which were that "she spoke against the royal family" (ll. 455–460). The Chorus testifies against Medea by repeating one of Medea's statements in the play which was when "a woman is faced with injustice in the bedroom," there is no ... Get more on HelpWriting.net ...
  • 27. Malicious Prosecution Essay I. The cases discussed below seem to agree on the four main elements of malicious prosecution: (1) termination of earlier suit in the plaintiff's favor, (2) lack of probable cause for the suit, (3) malice on the defendant's part, and (4) special injury flowing from the earlier suit. Frey v. Stoneman, 722 P. 2d 274, 277 (Ariz. 1986); Young v. Motor City Apartments, 133 Mich. App. 671, 675, 350 N.W.2d 790, 792 (1984). Elements (2) and (3) are satisfied in our client's case: the earlier suit lacked probable cause; and the suit was presumably malicious because the lienholder's only motive was to put her out of business. Element (1) is dicussed under Issue I and element (4) is discussed under Issue II below. Can a plaintiff sue satisfying ... Show more content on Helpwriting.net ... The court also stated that when a suit is terminated in a way that indicates the accused was innocent of wrongdoing it constitutes a favorable termination and that "...Termination prior to trial on the merits is favorable if it "reflects on the merits of the matter" Frey, 722 P.2d at 279 (quoting Minasian v. Sapse, 80 Cal.App.3d at 827, 145 Cal.Rptr. at 832). This would require trying a case within a case to determine the outcome. The final decision on what is a favorable termination is decided by the judge and any vagueness surrounding the termination of the prior proceedings is determined by the factfinder. Since the court determined there were genuine issues of material fact with respect to the details regarding the termination of the prior proceedings due to: (1) the confusing nature of the termination, and (2) the conflicting judgments entered, the case was remanded to resolve these issues. Colli and Frey are similar in the sense that both cases are trying to determine whether the circumstances surrounding the termination of the prior proceedings can satsify element (1) requiring that they end in the plaintiffs favor through voluntary dismissals. Colli has to do with satisfying the requirement through a voluntary dismissal without any debate; while Frey has been prosecuted as though it was through a ... Get more on HelpWriting.net ...
  • 28. Witness for the Prosecution The mystery, "Witness for the Prosecution", was produced in 1957 by Arthur Hornblow, Jr. and directed by Billy Wilder. The two lead male actors were Tyrone Power as Leonard Vole and Charles Laughton as Sir Wilfrid Robarts. The lead female actor was Marlene Dietrich as Christine Helm. "Witness for the Prosecution" superbly demonstrated a realist view of the operating procedures in a courtroom. The actors within the courtroom were easy to identify, and the steps transitioned smoothly from the arrest to the reading of the verdict. The murder trial of Leonard Vole provided realistic insight into how laws on the books are used in courtroom proceedings. With the inferior elements noted, the superior element of the court system in "Witness ... Show more content on Helpwriting.net ... The defense for Vole was nonexistent until a stranger provided damaging evidence against the prosecution's most damaging witness. For the defendant to be found guilty of murder, the burden is placed on the prosecutor "to prove the defendant guilty beyond a reasonable doubt" (Neubauer & Fradella, 2014, p. 33). In other words, the prosecutor, Mr. Myer must present a strong case to satisfy the jury "that charges against the defendant are almost certainly true" (Neubauer & Fradella, 2014, p. 35). When the trial started, the evidence was strong enough for a guilty verdict. The prosecution had three witnesses to support the claim that Vole killed Emily French. The first witness, Inspector Hearne, provided the court with blood evidence on the sleeve of Vole's jacket; however, during cross–examination, Sir Wilfrid disputed the evidence because Vole's blood type was not excluded as the donor. The second witness was Janet McKenize, Mrs. French's hard of hearing housekeeper, who stated she heard Vole and Mrs. French talking on the night of the murder; nevertheless, during cross–examination, Sir Wilfrid discredited her testimony when he proved to the jury that she was hard of hearing. The climax of the prosecution came when Mr. Myers, after objections by Sir Wilfrid, called Christine Helm, Vole's wife, to the stand. Christine was thought to be the wife of Vole but provided ... Get more on HelpWriting.net ...
  • 29. The Weaknesses Within The Prosecution The Weaknesses Within the Prosecution: After the terrorist attacks on September 11, 2001, the United States, under President George W. Bush, pursueda foreign policy based on preemption. Preemption, or preemptive war, is an offensive launched against any assumed threat that has yet to materialize. The objective is to neutralize the threat before it comes to fruition; in other words, the threat must be subdued before another terrorist attack occurs on U.S. soil. In his speech at West Point Military Academy, former president George W. Bush explained the need for preemptive war: If we wait for threats to fully materialize, we will have waited too long – Our security will require transforming the military you will lead – a military that ... Show more content on Helpwriting.net ... However, since these attacks occurred so long after the Conventions were agreed upon, many government officials felt it was time to reinterpret them. 5.1:The Torture Memos As a result, from the early months of 2002 through August of 2003, the Bush administration was drafting a series of memorandanow known as the Torture Memos. These documents addressed the justification of torture that ultimately allowed for enhanced interrogation to occur despite the Geneva Conventions. The memos were outlined by various government officials who felt information gathering analysis needed to be strengthened. John Yoo, the Deputy Assistant U.S. Attorney General in the Office of Legal Counsel and the Department of Justice during the George W. Bush Aadministration, clearly emphasized in one of the first memos that U.S. officials should not be charged for war crimes regarding the treatment and interrogation of prisoners, especially since he argued thatthe Geneva Conventions did not apply to suspects of terror. Similarly, Alberto Gonzales, who served as the 30th White House Counsel from 2001 to 2005, stressed the idea that the Taliban and al–Qaeda fell outsidethe Geneva Conventions since they were stateless and were therefore were not a high contracting party. The memo stated that "...none of the provisions of Geneva apply to our conflict with al Qaeda in Afghanistan or elsewhere through the world because, among other reasons, al ... Get more on HelpWriting.net ...
  • 30. Yates Memorandum The memorandum written by Deputy Attorney General, Sally Quillian Yates represents a significant change in the government's approach toward corporate misconduct. The priority for prosecution will focus on individuals who commit the wrongdoing within the corporation and ensure that the responsible individuals are accountable for their misconduct. Under the Yates Memo, for companies to be considered eligible for any cooperation credit, the corporation is required to provide the Department of Justice with all relevant facts about an individuals' involvement in the organizations misconduct. Thus, corporations may no longer have the option to determine what information about which employees can be disclosed to the prosecutors. As a matter of fact, ... Show more content on Helpwriting.net ... The purpose of Dodd–Frank Act is focused on restrictions on the banking sector; repealing Dodd– Frank will enable the financial market to return to a more volatile state. Moreover, the purpose of the Volker Rule is to prohibit banks from proprietary trading and restrict banks investments in hedge funds and private equity funds to prevent banks from high–risk trading activities. Therefore, from the lessons we all have learned during the 2008 financial crisis, we should not reduce government regulation in the financial sector. Instead, we should maintain our policies, continue to monitor the health of our economy, and prevent corporate misconduct. In addition, I will recommend Mr. Sessions continue to follow the Yates Memo to hold executive level individuals accountable for their misconduct. And I will also support Senator Warren's proposed 21st Century Class Steagall– Act of 2017. This act will protect our economy by restricting the bank's ability to engage in high– risk activities, reducing the size of "too big to fail" corporations, and minimizing the probability of government bailout. As one might be expected, my recommendation to Mr. Sessions will face a lot of setbacks. However, as a public servant, protect the law, maintain its fairness regardless the areas ... Get more on HelpWriting.net ...
  • 31. Witness For The Prosecution Essay In the film "Witness For The Prosecution" directed by BIlly Wilder released in 1957, Wilder directs the movie in a manner that allows the public to be well–informed on the criminal justice system through several circumstances in the cinema. To begin with, a criminal justice issue that is present in the film is police corruption through bribery, which is present in the scene in the movie where the police officer accepts the cigar from Sir. Wilfred. Following that, is how the director questions the value of honesty in the courthouse when placed under oath, in which the defendant's wife Christine commits perjury in front of the entire courtroom. Last of all, is the issue of having spouses testifying in a courtroom for their spousal–mate with intents of either prosecuting or defending their spouse, such as when Christine gives an alibi that ... Show more content on Helpwriting.net ... Bribery amongst police officers which is an outlet of police corruption has various extents such as accepting something small such as a cigar, or accepting large sums of cash which both constitute as a bribe, regardless of the quantitative value of what is being received. During the scene in the movie where the police come to arrest Leonard Vole, Sir. Wilfred offers one of the officers a cigar which the officer accepts and thanks Wilfred for. However Wilfred quickly pulls the cigar away and states that "I'd better not, It would constitute a bribe". This film expresses how police bribery could result from something as little as offering a single cigar to an officer. Even though, Wilfred did not seek any favors from offering the cigar to the officer, but rather to prove a point that providing anything to an officer can easily be interpreted as an inducement. A police receiving an inducement contributes towards the corruption amongst law enforcement which is a serious policing ... Get more on HelpWriting.net ...
  • 32. My Interest Of Law Is Most Commonly Seen From Old And... "Law is most commonly seen in old and modern day tv shows with criminal being thrown behind bars or perhaps in the news with the difficult legal system that no one adheres to anymore,," said lawyer John Adkins in an interview. My interest in law began when I was a young girl. I would check out books whose subjects ranged from law in general to actual criminal cases both solved and unsolved. My mind would drink in all the details from the evidence, to the trial, and finally to the conviction of the accused. One day, I was allowed to check out a DVD of a solved case in which the defendant was found not guilty of the sudden and mysterious death of his wife. I was intrigued by hearing and arguments of both sides. Convinced of the mans guilt, I set out on my own little investigation which yielded little more than the awakening of my interest then and there. Unable to disguise my growing interest, I told my mom of my dream to become a lawyer. She advised me to carefully think of all the schooling required to achieve such a career. Past studies indicate the bare minimum requirements include a high school diploma, any or all classes involving government, social studies, and economics, speech courses, technology or computer classes. After high school, four years of basic college work is required. College classes would have to cover: liberal arts track, english, history, economics, social studies, logic, public speaking, as well as agriculture and political science. Law school ... Get more on HelpWriting.net ...
  • 33. Mandatory Prosecution Policies In addition to many pro–arrest policies prosecutors have also played a central role to enhance victim safety and ensure offender accountability by adopting mandatory prosecution policies in domestic abuse cases (Finn, 2013). Most research has focused on mandatory arrest policies, few studies have evaluated the effects of mandatory prosecution policies. These policies were first used to describe the policies and actions that prosecutors often charged offenders with when evidence of abuse existed, with or without the cooperation or support of the victim. Ford and Regoli (1993) had been the first case concerned with the negative effect mandatory prosecution policies could have on a victims' empowerment and the reoccurrence of violence in the future. Among the cases entering the court via victim–initiated complaints, Ford and Regoli (1993) found that women who ... Show more content on Helpwriting.net ... Currently the justice system aims to enhance the safety of the victim, while holding the offender accountable, thus allowing for both of the above approaches to have emerged. However, there has been inconclusive results in regards to the effectiveness of mandatory arrest and prosecutorial policies have had on deterring the abuse from reoccurring. Although previous studies include potential hypotheses concerning the importance of victim empowerment, many studies have yet to actual test the hypothesis. Although Sherman and Berk (1984) briefly addressed victim empowerment, they did come to find a difference in recidivism rates. If the batterers were in fact arrested, Sherman and Berk (1984) found that victims were more likely to experience repeat abuse in twenty six percent of the cases, however, when the victims perceived the police to be concerned for their well being, recidivism rates decreased substantially to nine ... Get more on HelpWriting.net ...
  • 34. The Convergex Group 2013 Deferred Prosecution Agreement Case Study of the ConvergEx Group 2013 Deferred Prosecution Agreement (DPA) In December 2011, ConvergEx Group publicly disclosed parallel investigations by the United States Securities and Exchange Commission and the United States Department of Justice. Between 2006 and 2011, two former employees of ConvergEx Group had concealed the "routing of certain global trading and transition management customer orders to the former Bermuda trading desk of ConvergEx Global Markets ("GCM") where they were net traded" ("ConvergEx Resolves," 2013). According to the court documents, Acting Assistant Attorney General Mythili Raman stated "...ConvergEx...along with several of its employees, engaged in a concerted and coordinated effort to fleece its clients by charging them millions of dollars in unwarranted fees...and then concealing those charges from its clients through a pattern of deception" ("Convergex Group," 2013). In layman's terms, ConvergEx employees were moving funds through ConvergEx Global Markets in Bermuda, while marking up or down the investments in order to keep a sum of the money for themselves from the clients. The employees also falsified the documents that were sent to the clients regarding these transactions. The subsidiaries and the individuals involved with this scheme were charged with wire fraud and conspiracy to commit securities fraud and wire fraud. On December 12, 2013 ConvergEx Group LLC signed a deferred prosecution agreement or DPA, which included fines totaling ... Get more on HelpWriting.net ...
  • 35. Criminal Prosecution And The Judicial Process Criminal prosecution develops through various stages in the judicial process beginning with the arrest of an individual and ending at a point before, during, or after a trial. The criminal procedure is based on the constitutional laws, statues, and court rulings that are meant to render justice in a criminal case. The government must follow these procedures during the entirety of a criminal case. Beginning with the initial investigation of an individual suspected of a crime, through the arrest, jailing, arraignment, and thereafter. Although they must act within the boundaries of the law and protect an individual 's right to the 4th amendment of the constitution, police officers are allowed to conduct investigations, perform search and seizures, and arrest individuals that are suspected of a crime. Police officers do not need justification to stop someone and question them, but in order to search an individual a police officer must have probable cause. In order to make an arrest, the officer must either observe an individual committing a crime, have probable cause that a crime has been committed by that person, or have a valid arrest warrant. There is no scale to measure what probable cause is, so at the time of arrest, this is completely at the officer's discretion. This can cause officers to subdue the wrong individuals or make faulty decisions. Judges have the final say on what constitutes probable cause, and police officers must be able to ultimately justify their ... Get more on HelpWriting.net ...
  • 36. Malicious Prosecution Discussion I. Can our client satisfy the first requirement for a malicious prosecution suit that requires that the termination of the earlier suit be in the plaintiff's favor when in our client's case their termination was due to a voluntary dismissal by the initial plaintiff who changed her mind about her claim? To meet the first element –favorable termination– a plaintiff cannot rely on a settlement of the case that both parties agree to. Once the litigation ends by settlement there is no favorable termination for the purpose of pursuing a malicious prosecution. A favorable termination is satisfied by abandonment or dismissal and without any final determination merits. However there are preceding cases that require that ... Show more content on Helpwriting.net ... The judgment entered by the trial court on the motion to dismiss was reversed because a termination must be in favor of the person against whom civil proceedings are brought. To have an action for malicious prosecution, our client must prove that a favorable termination has taken place. In the Colli case it establishes that a voluntary dismissal "without prejudice" of a will contest is a favorable termination. In the Frey case it is stated that when a termination or dismissal indicates in some fashion that the accused is innocent of wrongdoing it is a favorable termination. Also a termination without a trial on the merits may be a favorable termination of litigation if the circumstances indicate the innocence or freedom from liability of the defendant. In a case where there is no adjunction on the merits the existence of favorable termination of the prior proceeding, you must look at the facts to determine what actually occurred and whom the termination benefitted. II. Can our client show a special injury from another earlier suit against him, as required to have an action for malicious prosecution, when his charter boat was seized pending the suit as allowed by state, and when his professional reputation was damaged because of the suit? To meet the fourth element –special injury– a plaintiff must show a special injury from the previous malicious suit. A special injury can be met by ... Get more on HelpWriting.net ...
  • 37. Criminal Prosecutor Career Paper After graduating high school, there are many possible careers to consider. One such career that can be considered is a criminal prosecutor. A criminal prosecutor is an attorney that tries to convict a so– called "criminal" and continuously argues their point to a jury to prove the assailant is guilty. Georgetown is a very traditional law school that requires a future lawyer to pass the LSAT just to get in. Criminal prosecutors can be biased because one believes the defendant is guilty. For many reasons, this career has been sought because of its achievements that come along with it. As a criminal prosecutor, one will experience a variety of salaries and benefits, a difference in work conditions or requirements, and most importantly need their ... Show more content on Helpwriting.net ... To become a prosecutor, one must have gone through law school and passed the state bar exam. Law school may sound intimidating, but that is one of the first steps to entering into the world of law. Unlike most professions a bachelor's degree is required before entering law school. When getting the bachelor's an assortment of options are at play. A degree in political science, English, or philosophy is probably one's best options when choosing a degree. This will take about four years to complete. Following one's bachelor's degree is passing the LSAT. LSAT stands for Law School Admissions Test, and this test needs to be taken before applying to a good law school like Georgetown, Stanford, or Harvard. Seven years of one's life goes into getting the proper education leading to them being a criminal prosecutor, not including training for the job. After about seven years of a future criminal prosecutor's life one still has to interview for the job and to be a prosecutor one must meet the requirements. One of the requirements is the ability to talk in front of some people and able to possibly interview witnesses on their witness list. Going back to work hours, being on call is immense because at any time one might be called to get a subpoena or warrant. A warrant is a written issue to arrest someone or to search the desired area or get DNA. A subpoena is a written order forcing someone to attend court. These two things play a significant role in the art of law, and one needs to be there to get them. Passing the state bar exam is huge when becoming a lawyer because if one doesn't pass then one doesn't have the right to practice law and that is illegal. Communication is one of the personal attributes. Communication is key because one is going to have to talk to all parties involved with the case and to negotiate deals. Most people are taught how to speak ... Get more on HelpWriting.net ...
  • 38. Prosecution Opening Statement The Prosecution's Opening Statement The prosecution opens their case by making a speech to the jury. He introduces himself and states that he is appearing on behalf of the prosecution and introduces the attorney appearing on behalf of the defence. The prosecution will outline each offence and the evidence the jury will hear in proving this. The prosecutions' speech sets out the burden of proof and the standard of proof which they have to prove in order to secure a conviction in the case. This is specific to the offence and will be based on the elements of the offence necessary to show the defendant's guilt. The prosecution's opening statement is a summary of the case at hand and the evidence in which they intend to adduce to prove "beyond a reasonable doubt" that the defendant indeed committed the crime. Where the prosecution propose to adduce a certain item ... Show more content on Helpwriting.net ... The questioning of witnesses generally falls within three stages which are the examination –in– chief, cross–examination and the re–examination. The first stage, examination–in–chief, is the questioning of a witness by the party calling him .In examination–in–chief the party calling a witness, or counsel on his behalf, will seek to elicit evidence which supports his version of the facts in issue. The witnesses, who have been summoned, will be called on a one by one basis. These witnesses will not be allowed to sit in, communicate, or listen to the trial until they have given their evidence to the court. The witnesses will be taken to the witnesses stand and will normally remain standing until they have finished giving evidence. They will be sworn in to the effect, on the bible or by affirming, that the evidence they are about to give is the truth. The prosecution will then ask the witness a series of questions. This is generally intended for the witnesses to deliver their account of the events in relation to the ... Get more on HelpWriting.net ...
  • 39. Community Prosecution : New York In 2000, Community prosecution was introduced to Atlanta by Fulton County's District Attorney ("D.A."), Paul Howard. D.A Howard saw the need to make neighborhoods safer. Even with law enforcement patrolling the streets of Atlanta, neighborhood crimes continued to increase. A few years ago, D.A. Howard visited King's County District Attorney's Office in New York, and during his visit he learned about community prosecution. Mr. Howard discovered the solution but he needed the citizens backing and support. The main key to establishing community prosecution was getting local communities involved and them working with law enforcement to make their neighborhoods safer. The community could provide more details about the neighborhood crimes because they lived there. This program helped with prosecution of low–level offenses and repeat offenders. Most low–level offenses often include, non–violent drugs offenders, disorderly conduct, loitering, driving without a valid driver license, probation violation and some minor infractions. With the strength of the community, community leaders and law enforcement, prosecutors are able prosecute the offenders, while ensuring the safety of community neighborhoods. Not only does community prosecution help prosecutors with convictions but restore the public's trust in the justice system. Fulton County police department is divided into zones. Each zone is in different areas that include several different neighborhoods. Zone 4 was the first zone ... Get more on HelpWriting.net ...