Essays on Assistance Of Counsel

As a doctor and a professional, Dr. Bauer cannot proceed as suggested in the scenario. The medical ethics and professional responsibilities that she is obligated to comply with would, necessitate that she, at least, inform the defense attorney of the extent of her thoughts and considerations in regards to her analysis of the case and her hiring of as a consultant for jury selection. Most importantly, however, is that her professional responsibilities should stop her from secretly acting in opposition to the defense attorney’s strategy and theory of the case without first informing him of her concerns. If ...

While the Civil War may have legally ended slavery, remnants of slavery and racial animosity continued to exist, and perhaps still do, in many parts of the country. Even after the passage of the Reconstruction Amendments, which attempted to empower newly freed African American slaves and give them equal rights of citizenship, states managed to find ways to disenfranchise blacks from exercising their newly acquired rights of citizenship. Racial prejudice was especially pervasive in the South. The era of Jim Crow laws, which controlled nearly every aspect of Southern public life, maintained strict separation of whites and blacks (Welke, ...

One of the key essentials of a fair trial is availing legal representation to a defendant. This is embodied in the right to counsel. Basically, this right enables a defendant during proceedings to be aided by a lawyer at their own expense, or if unable to pay for one, at the state’s expense. The basis for this right is that a defendant may be greatly disadvantaged, especially in criminal proceedings, if they are deprived of legal representation. This right enables the defendant, through counsel, to take part actively in the pre-trial process and also the trial itself.

This right is so fundamental ...

1. Prosecutorial Misconduct Prosecutorial misconduct refers to any situation in which the prosecutor in the course of litigating a case breaks a law, violates a code of ethics or misbehaves to such an extent that the fairness of the criminal justice process is unambiguously tilted in her favor. An example of prosecutorial misconduct would be a prosecutor who prior to trial fails to turn over a key piece of evidence that provides an alibi for the defendant, and tells a witness friendly to the defendant that she will tell the federal authorities about his illegal immigration status if he testifies. Moreover, at trial the ...

Section I. Circle the letter of the most appropriate answer. 1. In Griswold v. Connecticut the Supreme Court found that Connecticut’s statute, which banned contraceptives, violated a freedom expressly protected by which of the first ten amendments of the Constitution of the United States: a. The First Amendment. b. The Fifth Amendment. c. The Fourth Amendment. d. None of the above. 2. “Substantive due process” refers to those procedures: a. that are expressly enumerated within the four corners of the United States Constitution. b. that are not expressly enumerated by the ...

The petitioner in this case, Sherry Burt, a Warden at a Michigan correctional facility moved to the Supreme Court challenging the decision of the United States Sixth Circuit Court of Appeals and seeking a writ of certiorari against the decision. The matters that came up for consideration at the Supreme Court involved weighty constitutional issues namely whether the Sixth Circuit gave an appropriate deference to the state trial court decision in Michigan as enshrined in the Antiterrorism and Effective Death Penalty Act of 1996. The second constitutional issue that was subject to determination by the court in this case related to the ...

Prosecutorial misconduct

Prosecutorial misconduct refers to a procedural defense usually available to the defendant in criminal matters whereby the defendant advances an argument that the court should not hold them criminally liable for actions which may be criminal for the reason that the prosecution acted unfairly. The defense arises in various instances such as where the prosecution knowingly sanctioned false testimony and where the prosecution withheld evidence. It is therefore a violation of laws or ethical rules by the prosecutors (Texas District and County Attorneys Association (TDCAA), 2012). A real-life example of prosecutorial misconduct was apparent in the case of U.S. v. ...

Right to Counsel

Development of Right to Counsel A person accused of a crime has a number of specific rights that are protected under the Sixth Amendment to the United States Constitution. The rights attach only upon commencement of adversary judicial proceedings. One of these rights is the right to assistance of counsel for a defense in a criminal prosecution. At first, the Court limited the scope of the Sixth Amendment to indigent defendants in capital cases, and early cases dealt with effective assistance during the preparation and trial phases of the case (Powell v. Alabama, 287 U.S. 45, 71-72 (1932); Glasser v. United States, ...

Introduction

Immigration law deals with the state administration policies which direct the occurrence of immigration to their nation. Illegal immigration is the movement into a country in contravention of the immigration laws of that authority. Illegal immigration brings about many economical, political, and social matters and has developed into a basis of chief controversy in the developed nations and the more flourishing developed countries (Proper, pg 203). This paper proposes to examine the U.S. Laws governing illegal immigrants and the need to be reformed.

The purpose of this proposal is to show an overview of my investigation of U.S. laws governing illegal ...