should i be a prosecutor or defense attorney quiz

The attorneys also choose a few extra jurors, called alternates, who hear the case but don't deliberate unless one of the original 12 has to be excused. Being a prosecutor would give me the power to affect injustice at every level, for everyone, and in every situation. The second and third order consequences; the short- and long-term affects on society as a whole. I cant agree with the early on insinuations that the father deserved to have his daughter raped. Then I binged watched the first six episodes of Making a Murderer and my thoughts changed. Discovery can unfold gradually. And Candice: First; we dont know how the child wound up alone with this man. WebStandard 3-2.1 Prosecution Authority to be Vested in Full-time, Public-Official Attorneys. assistant prosecutors are assigned to units that handle specific steps or functions in the judicial process that are of the type of case, one attorney or a group of attorneys may be arraignments, and so on. His vision of criminal law is definitely worth listening to. Webalthough most prosecutors condemn overcharging, they define it differently than defense attorneys. I would assume that he might be acquitted A Time to Kill style, and if he were convicted, I would ask for a suspended sentence. These laws include more serious crimes such as felonies or less serious crimes such as misdemeanors. Mock trial where the students take on the roles of witnesses, judge, lawyer, prosecutor, and . @Steven Mark Pilling you say that it is the fathers duty to protect and provide for his family first. In the federal system, these prosecutors are called U.S. Prosecutors in the states are known as district attorneys, state attorneys, or have other similar . In all likelihood, there was a point where the rapist was subdued and still alive, and no threat at all. strandhotel dangast corona; steam workshop :: people playground Ethics in general? His responsibility includes identifying the loopholes in the prosecutions case and. The shooter is clearly engaged in a premeditated act, potentially seeking revenge, but NOT acting within the confines of defense of self or family. If those prosecuting their case against my faith were prepared to argue for the defense of my faith, only then would they be sufficiently prepared. A man is dead and deserves justice regardless of his previous behavior. The predator died in the process. The legal defense of alibi means that a defendant was not present: at the scene of the crime, or. and Im just looking at this from an ethics perspective. 1. Youre attempting to attack my character as a side channel attack on my argument. California's Three Strikes Law has resulted in __________________, which are jury acquittals when a punishment is grossly disproportionate to an offense. Q. Estate planning lawyers draft wills, set up . Preview this quiz on Quizizz. He knew if these pictures would be shown to the jury they, would have immediately made of their minds towards the defendant. Take a revision break and do one of our quirky law-related quizzes. WebTake the MyCase "What Type of Lawyer are You?" Or are you equivocating on what an action is. 3. What's more important to you: Proving your client innocent or getting the true verdict? In the federal system, these prosecutors are called U.S. A. WebQuestions that answer 'who', 'what', 'when', 'where', 'how' and 'why'. Can I rest my case on faith now? Professional Dress. 3rd isnt someone died. Prosecutors and defense attorneys are on opposites sides of the adversarial process, but their jobs are equally essential to the proper functioning of our system of criminal justice.Compare and contrast their roles and describe the benefit each has to society. 1 7 You've just watched a long, intense, and emotional criminal trial. 12.1 Public Defender vs Private Attorney: The Statistics in Criminal . And if we are to believe the father, so was the pedophile nithing. Plead with the monster to desist, call 911 and then watch the proceedings? Your attorney will negotiate for a plea deal on your behalf. Prosecutors in the states are known as district attorneys, state attorneys, or have other similar . Given the facts of the death of the molester as originally put forth I would not file charges. Id further submit that there can be no excessive force under such circumstances. This idea has been explored by Adam Foss. Employment lawyers, for example, advise employers on legal standards and represent employees in sexual harassment or unfair labor law cases. Lets flip it for a second. Course Hero is not sponsored or endorsed by any college or university. Many times, defense attorneys represent the poor, the marginalized, and the disenfranchised of our society. c. sanction diminutions. Fun Law-Related Quizzes. On the other side of the spectrum, the closing example is great. Sometimes a criminal defendant is entitled to acquittal even though the prosecution has proven every element of the charged offense. Both scenarios are not only possible, but have been tragically enacted innumerable times. It is certainly important for prosecutors to be aware of the great discretion they have in not only dealing with criminal matters during the trial process, but they are reasonable for whether or not a charge is ever brought. Saturday Ethics Round-Up, 3/4/2023: A Well-Earned Divorce, A Policemans Lot, Cori Bush, Murdaugh, And Donna BrazilesHackery. Preview this quiz on Quizizz. Yes, I would prosecute. WebNot really. Otherwise I would. What I wanted to write in my very first post was that, while I wouldnt prosecute him, I DO want to find a way to penalize/encourage him never to do it again. I believe there is enough evidence for a conviction because a man was killed. 30 seconds . A trial is held before a judge or jury. I would investigate to determine that he really needed to kill the man to stop the molestation when he could have just knocked him out and have the police take it from there. You can argue points of ethics all you want, but some things supercede philosophy. Presidential Impeachment/Removal Plans, 2016 to2020, Ben Franklins Two Daily Questions and 13Virtues, Unethical Rationalizations andMisconceptions, Alarm Blockers: Non-EthicalConsiderations, Ethics Dunce: Fashion Model MelissaStetten, My Yearly Reminder Of Why I Am Furious At John Belushi And Those Who Helped KillHim. Youre assuming the threat level of this molester. there is no evidence that it was a crime- the mere fact that a man was killed is insufficient. Charles Whitman was still an actively deadly threat. They then put themselves further in the hole by legally manuevering themselves out of responsibility. And more- he purged that small town (well known among Texans) of a terrible menace to its children. So what is SMP is framing it like it was insignificant collateral damage. Their passion was clear in every argument to the court, every cross examination, and throughout their investigation of the evidence. Men are not the sheep youd like to make of them. Being the sensitive, compassionate fellow that I am, I would probably buy a ticket to the appreciation dinner, but might not attend as it could be misconstrued. However, the decision to accept or decline a plea deal is entirely your decision. gary stringer partner. But a prosecutors main role is to bring justice when injustice has occurred, and that includes injustice to defendants. Updated: Sep 24th, 2021. We fail to realize just how badly a single felony can ruin peoples lives and what this man did, though illegal, is not wholly unethical. The exclusionary rule where evidence can be obtained and, cannot be used in a criminal trial meaning the evidence cannot be referred to during trial. Youre equivocating to change Candices meaning. The truth is more important. Bauen Im Auenbereich Bayern, 30 seconds . What would you have had this man do, TGT? The crime would presumably be involuntary manslaughter, or perhaps just manslaughter. That is not a good enough reason to prosecute. If, for example, there was evidence contradicting the fathers statement, then prosecution would be justified. At least until fellow prisoners killed him. My answer (I think) would be yes, I have to prosecute him, though I wouldnt want to. The State: prosecutor. Suppose he had gotten the upper hand in a struggle to restrain him? Should Officers McCoy and Martinez have been prosecuted for murdering Charles Whitman? At what burden to the system? Discuss the adversarial relationships between the defense attorney and the prosecutor in the adjudication process. As humans we must excercise self-control and reason regardless of someone elses wrong doingand when we take matters into our own hands then you can be charged. (3rd Edition). Like justice was served. The prosecutor is supposed to decide whether there is sufficient evidence to prove guilt. No amount of force is too excessive in this case. Theres another factor thats been introduced just recently. I know there are many defenses, including heat of passion, defense of a child, and temporary insanity. This article first appeared in the OCTLA Gavel, Spring 2006. Prosecutors are lawyers who investigate, charge, and prosecute (take to trial) people whom they think have committed a crime. Weborthopdische klinik braunfels stellenangebote. Because now it's time for the defense lawyer to get up and start cross examining you. Some defendants have clearly committed terrible crimes, but they still have constitutional rightsso attorneys don't let . Getting the real verdict. Either way, your job involves researching laws and judicial decisions that you can apply to a client's particular situation. Develop your theory of the case. -Although it can only be speculated and is NOT necessarily likely, it IS possible that this perpetrator might have killed the child after the molestation had the father not intervened. The lawyer asks you to make a few promises before he starts asking you real questions. What bothers me most about such scenarios and real life cases is that the father who killed the child molester would probably end up behind bars for a lot longer than the child molester would if his case went to trial. Caught in a DEA sting and convicted of helping an undercover . Uh-uh-uh!! ET for the sentencing for Alex Murdaugh. But his child was in imminent danger, so he attacked. In extreme cases, and this may be one, prudence over-rides principle. No prosecutor could give a better answer, tgt. This happens when the defendant has successfully raised and the jury has accepted an "affirmative defense" that operates by law to exonerate . C. No, I guess I really don't know exactly. At first blush, the answer is simple: defense. So what would have been ethical here? During your trial preparation, find out what is the best time for your officers to meet and how that will affect the time you are planning to call them to come and testify. P.S. Tags: Report Quiz . As of earlier this week, I was one of the few people in law school that had never watched Making a Murderer. One insider secret is that most lawyers are overworked, exhausted, and not earning as much as they could," Rodgers says. White collar criminal defense attorneys Kyle Clark and Andrew George say The judge or jury played their vital role in our justice system, and there wasn't enough to convict. Multiple-Choice Quiz. If you, and virtually everyone else in the community, feels that what the father did is, if not justified, so mitigated by the circumstances that he shouldnt be made to suffer for it, is it right and just to make him suffer through a trial? Remove from the streets a dangerous father who kills people who molest his prepubescent daughter? Even a plea deal would be a terrible idea, because the defense know this is a win in the bag case. As for whether death was accidental or deliberate, that can be hard to tell with physical blows. b. commuted sentences. Are you saying that you misspoke? That part of the role is too often overlooked. A prosecutor is a public officer. Maybe she was inticed away from the crowd by him. WebWarning: count(): Parameter must be an array or an object that implements Countable in /www/bestafm_964/public/wp-content/plugins/SD-mobile-nav/index.php on line 245 Protecting our women and children from perverts and wanton killers is the chief one. A defense attorney's primary. This semester in Professor Lisa Mazzies Advanced Legal Writing: Writing for Law Practice seminar, students are required to write one blog post on a law- or law school-related topic of their choice. Before enrolling in a J.D. Contact us online or call The Criminal Defense Firm at (866) 603-4540 for legal help in Oklahoma. All of Steven Averys defense attorneys were amazing. ET for the sentencing for Alex Murdaugh. Parties who act on their own behalf are said to act pro se, a Latin phrase meaning "on one's own behalf." When the stakes are high, there is no substitute for a criminal defense attorney in Miami who will investigate your case and fight for your rights with the tenacity that you deserve. Perfect response to a difficult question. The state has a theory already. I love working as a team and on my own depending on the task. Trying to be exact on meaning instead of allowing multiple meanings of the same word to be used unfairly. Answer "Dislike" if you tell yourself "Ugh Sounds boring" or "I'm not sure" Answer "Okay" if you tell yourself "Umm Other lawyers may have more . Learn vocabulary, terms, and more with flashcards, games, and other study tools. Attorneys. Try my test and soon, you'll know! The rest should be a mere formality of law. Obviously, thats wrong. His TED talk has spread rapidly and has been translated into over 23 languages. Webshould i be a prosecutor or defense attorney quizharley moon kemp looks like andrew ridgeley. No. Success Money Power 2 Have you ever been the victim or close to a victim of a violent crime? . What do you do? This happens when the defendant has successfully raised and the jury has accepted an "affirmative defense" that operates by law to exonerate . Prosecutors have many of the same responsibilities as defense attorneys but with the opposite goal in mind. You also get a steady paycheck. Potter, 48, faces first and second-degree manslaughter charges in the fatal shooting of 20-year-old . I still think he should be prosecuted, if for no other reason that it should be on his record AND his claim should be investigated. What's more important to you: Proving your client innocent or getting the true verdict? So I would not prosecute. Answer six questions and find out what makes you stand out in your field and how to improve how your practice. In declining to indict the 23-year-old father in the June 9 killing of Jesus Mora Flores, a Lavaca County grand jury reached the same conclusion as investigators and many of the fathers neighbors: He was authorized to use deadly force to protect his daughter. Guest Column: Alec Baldwins Rust Prosecutors Should Do Their Talking in Court. Great piece! After many weeks or months of preparation, the prosecutor is ready for the most important part of his job: the trial. If successful, the defense works to acquit a defendant of a criminal charge. Thats not a good comparison. I dont disagree. Yes we would all hate to see this father who was trying to protect his child go to jail, but to ignore his actions would be an injustice. But coming back to a prosecutors good judgment, I would also think that the immediate defense to *that* is a temporary insanity plea. Yes. 1) Women dont need any more protecting than men. 2) Just because a Jury wouldnt convict doesnt mean that it was either legally or ethically correct. 3. I did predict it, though, because I know how you deplore selective prosecution. 7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-19_10-08-26. Defense attorneys are interesting lawyers who show little emotion in most cases, but they are passionate in having fair trials. SURVEY . The exact duties they perform can be unique to each The more difficult decision I have to face, however, is whether I should be a prosecutor or a defense attorney. At first blush, the answer is simple: defense. When defense counsel is finished, the jurors are ready to deliberate, so rebuttal should be short and snappy. . Does The Military Test For Blue Lotus, The defense attorney. You take it on faith that women need to be protected by men. A recording of the tape was played during a news conference Tuesday where the Lavaca County district attorney and sheriff announced that the father will not face charges. SHINER, Texas Hearing his 5-year-old daughter crying from behind a barn, a father ran and discovered the unthinkable: A man molesting her. Administering Plea Bargin SURVEY . The ethics are not. SURVEY . prosecutor: [noun] a person who institutes a prosecution before a court. Starting off serious (I think). 8. Some would talk about prosecution and say (of course) that hypothetical crimes are not a factor. But absent mens rea, a guilty mind, I will go for a punishment that doesnt wreck his life. I did not even know what it was about. 16 Questions Will Tell! Webcan they use recipes on holiday baking championship. The prosecutor. d. penalty curtailments. 2. Completely different situation. He did a fathers duty. WebSince each drug case is unique, our attorneys scrutinize the details of the case and the nature of the offense to determine which defense strategy best suits the case. Lets say you can convict him of manslaughter. There are many different ways to present a closing argument, and each attorney should develop a style that is most comfortable to him or her. Contact us online or call The Criminal Defense Firm at (866) 603-4540 for legal help in Oklahoma. The perpetrators name is not being released by by authorities because of difficulty in tracking down his relatives, who are now being sought IN MEXICO. Learn how your comment data is processed. Assuming the truth above is what the investigation confirms, Id still bring charges for the purposes of getting a settlement along the lines of acknowledgment, recognizance, and professional counseling. 4. Who else has met with the prosecutor? Mission, Vocation, and Ethics: A Reflection on, Professor Michael Arienss New Book as a Teaching Tool, Michael AriensLaw School Class of 82Is a Deep and Deft Thinker, Reruns? In criminal cases, prosecutors charge the suspect with the crime and, Your attorney must be capable of analyzing and judging the situation well. Oh Come ON, Ann! Those decisions (to pursue criminal law and to watch the documentary) were easy. David Krishan. Tags: Question 13 . What bothers me most about such scenarios and real life cases is that the father who killed the child molester would probably end up behind bars for a lot longer than the child molester would if his case went to trial. Regardless of whether a jury would convict or not, I would not prosecute. This interests me because as a member of the Church of Jesus Christ of Latter-day Saints, I often have to deal with the very things which Naomi mentioned: unfair, nonsensical charges, issues which should never have existed in the first place, including fighting for exculpatory evidence from those who either dont believe religion is important or believe my faith is a false religion. ______________________________________________. TGT: Any man capable of such a crime against humanity is capable of anything. At first blush, the answer is simple: defense. iceland norway police cooperation. Webshould i be a prosecutor or defense attorney quizsuits tv show pick up lines. If you care about mass incarceration and the racism that lurks at every level of the justice system, then put your prosecutorial knowledge to the test. You're relieved. It would have been a different, argument if it was an accident, but the defendant made a choice in driving the way he did and, Motions a defense attorney and a prosecutor may argue before trial is the exclusionary rule or, fruit of the poisonous tree doctrine. So if another man knocked on the door of a law-abiding man roundly hated in the community for his greed and cruelty, and shot him dead with a single gunshot to the forehead as his loving wife and 8 children watched, you would still not prosecute knowing that jury nullification was a certainty, and the man would be found not guilty by a jury filled with people who would have liked to have shot him themselves, but didnt have the guts? Then last night, I decided to watch the first episode. Not guilty due to temporary insanity, or unbearable provocation etc. Built using WordPress and, Corpus Christi Federal Criminal Defense Lawyer, How Much Percentage Does A Personal Injury Lawyer Get. The just thing would appear to be prosecuting him and suspending the sentence, but wasnt that what happened at the end of Oklahoma (a show I hated)? Opening Statement by Prosecuting Attorney This lawyer begins by telling the jury the important information about the case. 5. I want to thank Naomi Tovar for addressing this topic and Lisa Mazzie for bringing about the introduction of Adam Foss, a prosecutor of the caliber of this nations second president, when John Adams defended the redcoats who shot and killed members of a mob at the Boston Massacre. Disgraced lawyer Alex Murdaugh wrapped up testimony on Friday in his double murder trial. Do Not Lose Your Temper. Based on the evidence we have, theres no reason to make this assumption. 30 seconds . Depending on my case load, this one would get less of my attention. If, in the process of stopping an assault on his daughter, the molestor died so be it. I will say, for myself, having been an intern in a DAs office a number of times now I think that the role of the prosecutor often does not get the best reputation. Dave, someone who kills an attempted rapist after he has been subdued and is presenting no further threat in a nation that doesnt execute convicted papists IS a real criminal in the eyes of the law. Webbelinda montgomery how the west was won somerset dialect dictionary should i be a prosecutor or defense attorney quiz 28 Feb 2022 should i be a prosecutor or Your lawyer should be evaluating why the prosecutor wants to meet with you and if it has something to do with getting comfortable with your defense as to what really happened so as to give you a favorable disposition then your lawyer should get what's known as a Queen For A Day agreement before you meet with him, along with To ruin a mans life to incarcerate him in prison, spoil his job chances, separate him from his daughter, all because he overzealously pummeled a rapist molesting her? Can you back that up? The first 12 people that make it through without getting struck are seated on the jury. The truth is more important. On the other hand, does it make sense to go through the time and expense of a trial when, as a prosecutor, you dont believe that the defendant should be punished? Witness . If he had entered the barn, seen his daughter being molested, drew a firearm and put a single bullet through his brain, killing the molester instantly, wed not be having this conversation, would we? Could anyone?! Updated: Sep 24th, 2021. You have located Clampett v. Flintston from the DC Circuit Court of. C. Since the "Reasonable person" doesn't actually exist, the prosecutor will ask himself or herself, Tags: Question 11 . ET for the sentencing for Alex Murdaugh. Above is a very broad overview of the types of lawyers you can become. That woman (pointing at Lulu) should have given my client a reward instead of bashing his head with her purse. At that point, there is a legitimate claim of excessive force and involuntary manslaughter. at the time of the alleged offense. I am honestly not sure what I would do if I were in that situation. Depends on the locality that were in. Webshould i be a prosecutor or defense attorney quizeastmark homes for sale zillow. Since it happened in the fathers house; the home invasion is being committed by the molester. Nor is keeping him off the street the only purpose of the penal system. The person who records what people say at trial. 11 This helps attorneys command respect, inspire trust, and convey a polished image. It was a monster. But in others, the prosecutor might have a choice between presenting the case to a grand jury or going before a judge in a preliminary hearing. It does help the father that the nithing was at the fathers home, and was in the process of sexually assaulting a child. The ethical burden on the prosecutor is to bring charges when there is evidence to prove the charged offense beyond a reasonable doubt and to a moral certainty. He (or she) must actually believe that they have the evidence to convince a jury to return a verdict of guilty. I have not claimed the father was in the right or in the wrong. As long as the prosecutor has a good faith belief that he is guilty and there is sufficient evidence it cant be a professional ethics violation to bring the case no matter what the prosecutors ultimate motives may be. What is the impact on HIM? SURVEY . Well leave out any discussion of whether a man roundly hated in the community for his greed and cruelty would actually have a loving wife and 8 children watching. Prosecute? You need a story to counter the state's theory. Discretion is allowed in law enforcement. The judge. Learn how your comment data is processed. The judge or jury played their vital role in our justice system, and there wasn't enough to convict. Where would the child have been then? Prosecutors should be aware of the work schedule their officers are currently placed on. Expecting a father to exercise self-control under such circumstances is unrealistic. If there are potential viable defenses that will make that an impossible burden and those defenses cannot be rationally countered, no charges should be filed. Practice point: Your defense attorney's job is to get you the best sentence they will probably not help you balance other important issues that need to be addressed. I've done both. This countries justice system has proven to be an abysmal.failure when it comes to protecting children from.sexual predators and so this responsibly falls to the parents, whos primary job must be the protection of our children. Email. It makes complete sense. My playing ultimate Monday night was one action, but also many independent actions. I came to law school to do exactly that. Be honest! How do you feel about working in a team? WebThe Dos and Donts of Closing Arguments. . Change). I think whichever side of the aisle you chose you will be off to a great start because you are clearly aware of these important issues! (LogOut/ Be serious. They would have had the power to charge only those crimes that they believed there was enough evidence for. The defense attorney is just doing their job. If resources are thin, Id let it go on pragmatic grounds jury unlikely to convict (and if I was on the jury, thered be more than just reasonable doubt here, Id go for acquittal).

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