And if you need someone to defend you against serious criminal charges, look for a skilled, experienced DefenseLawyer. Which Area of Law is Right for Me? Category: Legal. We as humans cannot pick and choose on when we want to prosecute someones actions, we must stick to the laws and Constitution of our land. If you need a home run, look for a skilled hitter. The reason for not prosecuting stated was that the jury would never convict. Jury nullification is not a viable defense; defense attorneys are not allowed to suggest or argue it, so that is not something the prosecutor has to overcome, even though it might generate a significant number of sleepless nights. He beat a man to death with his fists. Thats the reason for his job. And the reason the jury would never convict is because the dude was killed while sexually assaulting a child. Californias Three Strikes Law has resulted in __________________, which are jury acquittals when a punishment is grossly disproportionate to an offense. 3) Was the death accidental, or deliberate? Preview this quiz on Quizizz. Then you ignore the reality of human nature and the human condition, TGT. The truth is more important. Maybe charge him with 1st degree misdemeanor battery or something, sure put some jail time or fines or something on it. We know the threat level of Whitman. Could you reasonably expect the father of a four year old daughter to be in control of himself when he finds a man attempting to molest her? Student actors needed: judge, prosecutor, defense attorney, narrator, Miss Lulu, defendant, bailiff . d. penalty curtailments. The reason for not prosecuting stated was that the jury would never convict. a. After discussion, go to the quiz entitled "Who's Who in the Court" and ask for volunteers to lead the class, control the mouse, and select the correct answers . And unlike the serious issue today of false rape accusations, being such a young child means any sexual contact/evidence of any kind is molestation period, no interpretation required. Defense attorneys are able to interview witnesses, obtain evidence through discovery, and file pretrial motions. If, in the process of stopping an assault on his daughter, the molestor died so be it. 88 thoughts on Ethics Quiz: Youre the Prosecutor! From a legal perspective, if there are laws that are an active defense against charges being filed, and their burden has been met, then as a prosecutor, I wouldnt bring charges. Not with all those dead kids lying there. Feb 2, 2022 The presence of a justice with criminal defense experience would help to get an attorney exists in fewer proceedings; and prosecutors, Kansas City Attorney Paul Cramm Explains the Difference Between Prosecutors and Criminal Defense Lawyers. Yes, its arguable that, once rendered incapacitated, the fathers continued assault was excessive. Webshould i be a prosecutor or defense attorney quizvampire weekend setlist should i be a prosecutor or defense attorney quiz Menu pennsylvania primary election 2022. air Youre assuming he would have continued to rape a 4 year old even when beaten to a bloody, but alive, pulp. A jury found Murdaugh guilty of murdering his wife and son. Assuming that the father has no criminal record or history of violence, and that this is really what happenedand ignoring the fact that the incident occurred in Texasyour Ethics Quiz is this: If you were the local prosecutor, would you seek to prosecute the father? In. 1) Can we be 100% certain that the child was being molested? Should Officers McCoy and Martinez have been prosecuted for murdering Charles Whitman? Smart, 2023 GLH Lawyers. If not, the prosecutor doesnt know the case well enough. May 13Defense attorneys for the three men accused of murder in the killing of Ahmaud Arbery argued Wednesday that a jury should hear of Arbery's past, saying previous run-ins with the law suggest mental instability and a disregard for authority. Christina 1 7 You've just watched a long, intense, and emotional criminal trial. When the attack started only. Im sure the world is NOT worse off with this pervert gone. In State Court, the defense attorney gives their closing argument first and the prosecutor gets to go last. If the prosecutor believes that a defendant should go to prison, then they want people on the jury who are punishment minded, just as a defense attorney wants jurors who are rehabilitation minded. Answer six questions and find out what makes you stand out in your field and how to improve how your practice. I think it is important for prosecutors to be mindful of this but I know in my experience I have not met a prosecutor who has enjoyed putting away individuals. The day-to-day of being an attorney might not seem glamorous. Thats effort that pays off, however; according to the Bureau of Justice Statistics, conviction rates among felony defendants approach 78 percent in American courts. 23 Juin juin 23, 2022. should i be a prosecutor or defense attorney quiz. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Preview this quiz on Quizizz. Either way, your job involves researching laws and judicial decisions that you can apply to a client's particular situation. The truth is more important. CliffsNotes But absent mens rea, a guilty mind, I will go for a punishment that doesnt wreck his life. In the federal system, these prosecutors are called U.S. A. 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? should i be a prosecutor or defense attorney quiz The money saved on not prosecuting him for murder can go towards counseling for the rape victim, and on investigating the molesters past to check for any other victims that may have slipped the laws notice. should i be a prosecutor or defense attorney quiz 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. Citation needed. I think this, along with the primal instinct to protect, is what leads people to take the laws into their own hands. A jury found Murdaugh guilty of murdering his wife and son. At first blush, the answer is simple: defense. You are here: Home. Learn more. 3. evidence was found during the trial because of an illegal search. Show all. For a rational person to kill someone once theyre no longer offering a threat IS criminal. Do I know this for a fact? 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). Thing is, I dont disagree with you. Fowler, who retired from his role as Maryland's top medical examiner in 2019, is a veteran . Cite Bluebook page numbers to support each response. At what burden to the system? However, the decision to accept or decline a plea deal is entirely your decision. No prosecutor could give a better answer, tgt. They then put themselves further in the hole by legally manuevering themselves out of responsibility. For example, if your client has been charged with murder, the state's theory might be that your client got into an argument with the victim and stabbed him five times. The state has a theory already. Find out which legal area suits your personality the most. Im stating the obvious point that it is the NATURE of men to be so. In extreme cases, and this may be one, prudence over-rides principle. Expecting a father to exercise self-control under such circumstances is unrealistic. WebProsecutors and defense attorneys make comparable salaries, with the caveat that jobs in the private sector typically pay more than those in the public sector. P.S. According to news statements, the father is said to feel remorse. Which of the following are not core members of the courtroom work group? 30 seconds . Maybe she was inticed away from the crowd by him. Tags: Question 11 . Nolo In federal criminal cases, that lawyer is the U.S. Attorney or an assistant U.S. attorney. Getting a job in criminal prosecution is as close as it gets to not specializing in the legal industry. Change). Yes, I would prosecute. Completely different situation. Court will convene at 9:30 a.m. It is perfectly proper for you to have talked with the prosecutor, police, or family members before you testify, and you should, of course, respond truthfully to this question. Attorneys who have been following the six-week-long Alex Murdaugh double-murder trial say the outcome remains uncertain, but that a guilty verdict or hung jury is likely. Legal System DRAFT. And of course, victims have rights and interests that must be protected as well prosecutors are responsible for the safety of entire communities. My contention is that a man who sees his 4 year old daughter cannot be expected to behave reasonably. The Hoffman Firm is here for you. The jury does what the jury does. Expand. The most basic principle underlying the lawyer-client relationship is that lawyer-client communications are privileged or confidential. Someone can commit an act that is normally a crime, but have a valid defense for such act. Tags: Question 15 . Is Althouse Really ThisNaive? 14. 2) Just because a Jury wouldnt convict doesnt mean that it was either legally or ethically correct. Here is one of those blog posts, this one written by 3L Naomi Tovar. Updated: Sep 24th, 2021. First, the prosecutor will ask questions intended to bring out the witnesss story. Rule 32 of the Federal Rules of Criminal Procedure grants both the defendant and defense counsel the right to speak to the court before a sentence is imposed. If you are aware of one I missed, or believe your own work was used in any way without proper attribution, please contact me, Jack Marshall, at jamproethics@verizon.net. c. sanction diminutions. Criminal or commercial? Pre-Trial: Where the prosecutor*, defense attorney, and judge discuss the merits of a case. should i be a prosecutor or defense attorney quiz What do you do? Or are you equivocating on what an action is. This was not a man he killed. (i) a public official, (ii) authorized to practice law in the jurisdiction, and. When asked to rate various occupations by how much they contribute to society, the 4000-plus respondents of the poll ranked lawyers last, with only 18 percent saying that they contribute to society. The father pulled the man off his daughter, authorities say, and started pummeling him to death with his fists. Attorneys and Assistant U.S. A whole lot! Webshould i be a prosecutor or defense attorney quizsuits tv show pick up lines. White collar criminal defense attorneys Kyle Clark and Andrew George say : Due to lack of space, I could only include three basic choicesbut they should fit most Two motions I learned was the motion to suppress and the motion to dismiss. teaaa 1 7 Starting off serious (I think). and Im just looking at this from an ethics perspective. 30 seconds . Yet, Ive heard legal arguments that if he emptied a whole magazine into the guy, that would also be excessive force. Youre a bigot. . Generally speaking, the states' rules of professional conduct permit an attorney to dump a client if the breakup won't hurt him, such at the very beginning of the case, or if there's a . Sometimes a criminal defendant is entitled to acquittal even though the prosecution has proven every element of the charged offense. @alisongrinter The prosecutors roll is to obtain justice for society. Did the prosecutor take notes of the meeting? The more difficult decision I have to face, however, is whether I should be a prosecutor or a defense attorney. Anyway, thank you for your insight in these important matters. 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. Its sad a man had to die, said Michael James Veit, 48, who lives across the street from where the attack happened in this small community run on ranching and the Shiner beer brewery. Lets Play Guess What Party! Todays Challenge: Maines Anti-CatBill! Prosecutors seek to convict someone they believe has committed a crime, whereas criminal defense attorneys fight for the rights of the accused and attempt to persuade a jury that his or her client was not guilty. @Steven Mark Pilling you say that it is the fathers duty to protect and provide for his family first. A trial is held before a judge or jury. kenworth fan clutch solenoid location; sara gilbert baby father; jeffrey berns, wife; should i be a prosecutor or defense attorney quiz. Get the Jury to look at the rhetoric of the prosecution and defense. Haus Kaufen Westkapelle, Come on! Adam is a prosecutor who has received numerous awards and recognitions for his trailblazing approach to prosecution work. Wouldnt you want justice for your sons death regardless of his alleged actions? The defendant is found not guilty. 11.1 Is a Former District Attorney a Good Choice for a Colorado . B. 4. . Like justice was served. No law on earth out ways that duty. Tags: Question 15 . You take it on faith that women need to be protected by men. Each advocate has the responsibility for presenting the facts from a partisan point of view. A fathers first duty is to provide for and protect his family. Generally, it involves: Contacting clients through email, phone calls, video calls, or in-person meetings. Not guilty due to temporary insanity, or unbearable provocation etc. Areas of Law Quizzes. And at what cost financial? Webshould i be a prosecutor or defense attorney quizsuits tv show pick up lines. 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. The first sentence of yours is irrelevant to the trap, Arthur. Someone outside and running away poses little if any threat shooting would be wrong under just about all circumstances. Defense Attorney. Negotiating 3. women.com. What I do believe is that, in the heat of the moment when he first saw red and started beating the guy, its quite likely that he didnt stop until the guy wasnt moving anymore and the adrenaline calmed down when his rational brain reasserted itself. Litigation comes up in other areas and transactional work is needed in other industries. Has the witness been to the grand jury? One last thought. No quiz challenge there! Where was the father (or mother) while this incident was happening? Defense Lawyer Excuse me, I think a modicum of gratitude would not be out of line here. Success Money Power 2 Have you ever been the victim or close to a victim of a violent crime? Chauvin's defense lawyer, Eric Nelson, has called Dr David Fowler to testify as an expert witness. Take a revision break and do one of our quirky law-related quizzes. Prosecutors are lawyers who investigate, charge, and prosecute (take to trial) people whom they think have committed a crime. To this end, they must in an adversarial justice system prosecute to the fullest extent of their abilities, whole ensuring the defence is given equal advantage too. But Im not a juror, Im a prosecutor here, and it would be up to the jury to decide. Uh-uh-uh!! Then last night, I decided to watch the first episode. The defense attorney. Despite this negative public perception, Robert Foley and Dana Kinsella, criminal defense attorneys, got into the profession to serve the public. Potter, 48, faces first and second-degree manslaughter charges in the fatal shooting of 20-year-old . My point is that assuming the jury wont do its duty is a lousy, and invalid, reason not to prosecute. What deceit and hypocrisy? Select ALL that apply. There was nothing innocent about this molester- caught redhanded in the act- and the father was no cop. prosecutors Rapists seldom if ever continue a rape when they are interrupted by a third party. You need a story to counter the state's theory. Witness . Reading case documents, evidence, and statutes (laws) Taking notes on what would be helpful for the case. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Administering Plea Bargin SURVEY . Its pointless and in my opinion the dad did what he had to do regrettably. Appendix 9-1 Sample Questions for Probable Cause and In this case, no amount of force is too excessive. The same was true for Germanys final solution of the Jews. Prosecutors Should If you were the local prosecutor, would you seek to prosecute the father? The reason I believe the Judge ruled in favor of the defendant was because he himself saw, what the pictures consisted of. Develop your theory of the case. Legal System DRAFT. 3rd isnt someone died. That part of the role is too often overlooked. should i be a prosecutor or defense attorney It takes a great deal of timing and patience to finish the job,which I'm sure I can handle.