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Investigators coercion in interrogation
Brady v maryland case study
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On Jan 30, 2013, the Wisconsin court of Appeals declined Brendan Dassey’s plea for a Judgement convicting him of first degree intentional homicide and second degree assault, and mutilation of a corpse, all as party to a crime. Dassey wanted the court to reverse his conviction, grant him a new trial or hearing all of which were declined by the court. Dassey, during the trial, had argued that the confession he made on Mar 1, 2006 was involuntary and should have been suppressed. He claimed that his interviewers had used tactics such as fact feeding and suggestions of leniency to lead him into making those inculpatory statements upon which his conviction was based. The court’s view was of the contrary, stating that Dassey did not appear to be intimidated nor were any promises of leniency made to him, the acts of telling Brendan that “his cooperation would be to his benefit”, that they were “in his corner”, and that they would “go to bat” for him, were all adjudged not to be coercive by the court. Rightly, the assessment of Dassey’s voluntariness by the …show more content…
He was not able to show by clear convincing evidence that his pre-trial counsel in the person of Robert Kachinsky had an actual “conflict of interest” nor that the advocacy rendered to him was adversely affected, such that it was detrimental to his case. Dassey was also required to show that he was prejudiced by deficiencies in the performances offered by trial counsel, Attorneys Mark Fremgen and Ray Edelstein. Strickland v. Washington, 466 U.S. 668,687 (1984). The court “strongly presumed” that counsel rendered adequate assistance and made all significant decisions in the exercise of reasonable judgement. Id. At 637 because Dassey failed to sufficiently show otherwise. Based on these circumstances the court concluded that the defendant was not entitled to a new trial or
Judge Fahey felt that affidavits provided by Dascoli’s mother and ex- girlfriend in support of Dascoli were weak and insubstantial, as well as not credible given the fact the defendant had the opportunity to advise Kelly of first aggressor evidence failed to do so. Additionally, in reference to an affidavit written by a medical expert, Fahey states that his conclusion was “without sufficient factual basis, and is, at best, conjecture and
Your honor, ladies and gentlemen of the jury, thank you for your attention today. [Slide #2] I would like to assert that separation is not the end of a relationship. Divorce is not the end of a relationship. Even an arrest is not the end of a relationship. Only death is the end of a relationship. In the case of defendant Donna Osborn, her insistence that ‘“one way or another I’ll be free,”’ as told in the testimony of her friend Jack Mathews and repeated in many others’, indicates that despite the lack of planning, the defendant had the full intent to kill her husband, Clinton Osborn.
The Sixth Amendment states that the accused shall enjoy the right to a speedy and public trial, by an impartial jury. However, Dexter was in jail for 25 years since 1982, and the appeal was still in process to the Supreme Court. Also, based on the jury selection on exhibit B, document one, there were only white people in the final jury, and African Americans were struck peremptory by prosecution. Dexter did not have an impartial jury because white people may favor his opposed side due to the different race. According to Batson v. Kentucky, the USSC also determined that peremptory challenges used to exclude jurors on the basis of race could be challenged by the defendant. It was not fair for Dexter to not have the same race people as him in the jury. In addition, the Sixth Amendment also says that both federal and state courts must provide a lawyer if the accused cannot afford to hire one. Even though Dexter did have an attorney, his attorney was not organized and prepared. The adequate attorney was not as guaranteed by the Sixth Amendment because he admitted that “he has not been to the crime scene, or viewed the crime scene photographs…has not viewed the prosecution’s witness list.” He had not done anything that could help defend Dexter. He didn't even call witnesses in the court to help Dexter. Strickland v. Washington also supports this because the court upheld the defendant’s conviction that his rights had been violated when his lawyer did not provide enough evidence to avoid the death
Andrea Yates and John Hinckley present two different cases that lead to the conviction of not guilty by plea of insanity. It could be believed that Hinckley’s case helped set up the initial verdict in Yate’s case.
The light of this new evidence lead the court to believe in Cookes confession what helped in other case, also linked with Cooke. Darryl Beamish was wrongly convicted in 1962 of the 1959 axe murder of Jillian Brewer. He was sentenced to death and was later commuted to life in prison.
Those who play with fire will eventually be burn. Tracey Kaplan, a journalist from San Jose Mercury News, recall the latest hearing of Brock Turner case. The man behind this young boy lenient sentence is judge Aaron Persky, for his decision caused chaos in the media platform.
On January 17, 2015, two Stanford graduate students witnessed a man, who was later identified as Brock Turner, sexually assaulting an unconscious, undressed woman behind a dumpster outside of a party at a fraternity house. When they approached the scene, Turner attempted to flee. The graduate students restrained him and immediately called the police. The 22- year- old, who chose to remain anonymous, had her life flipped upside down since that traumatic night. During the course of June of this year, Turner was convicted of three counts of sexual assault and was sentenced to 6 months in county jail (released in 3 months with good behavior), probation, and ordered to register as sex offender. The public was outraged by the decision of the Superior
The original case had six plaintiffs but the plaintiff that carried the case to the U.S. Supreme Court was Dick Heller. Heller was a special police officer in the District of Columbia. Heller was authorized to carry a firearm on duty, but not at home. Heller's neighborhood was experiencing a rise in crime and Heller naturally wanted to keep a handgun for protection at his home. Unfortunately, for Mr. Heller, the District of Columbia banned the possession of handguns. The D.C. law made it illegal to carry an unregistered firearm and barred the registration of handguns, which effectively creating a prohibition on pistols. The Chief of Police was endowed with the power to issue licenses with a one-year term, but any legal firearms had to kept
at 694. While merely showing that “the errors had some conceivable effect on the outcome of the proceeding” is insufficient to meet this burden, “a defendant need not show that counsel's deficient conduct more likely than not altered the outcome in the case.” Id. at 693. In bringing a petition for post-conviction relief, “[a] petitioner is not entitled to the benefit of hindsight, may not second-guess a reasonably based trial strategy by his counsel, and cannot criticize a sound, but unsuccessful, tactical decision made during the course of the proceedings.” Adkins v. State, 911 S.W.2d 334, 347 (Tenn. Crim. App. 1994); see also Hellard v. State, 629 S.W.2d 4, 9 (Tenn. 1982) (“It cannot be said that incompetent representation has occurred merely because other lawyers, judging from hindsight, could have made a better choice of tactics.”).
Wallace had Malcolm Ray Hunter Jr. as his defense attorney, while Gaskins had Jack Swerling (“FindLaw's Supreme Court of North Carolina Case Opinions,” Swerling). In 1982, Swerling was appointed by the justice system to defend Gaskins (Swerling). Even though Gaskins could not afford a lawyer, he was still given one to avoid the Supreme Court from hearing him claim that the trial was unfair because he had no one to defend him. Swerling has practiced “defending individuals accused of crimes” for over 40 years (“Federal Criminal Practice”). Gaskins did not just get a lawyer, he got an experienced lawyer, this is more than enough of what can be provided by the court system to help Gaskins, therefore, this seals every claim that there is not a fair trial in Gaskin’s case. Swerling claims that he has approximated defending 150 murderers (Swerling). With a lawyer with so much experience, even he could not get Gaskins out from underneath the federal law. Gaskins was not found guilty because of a bad lawyer, but rather he had a respectable upstanding lawyer to defend him. Wallace and Gaskins were both assisted in their defense and they still received the punishment that they deserved
The jury in trying to let the defendant go considered if there were any circumstances that would provide say as a self-defense claim to justify this horrific crime of murder of two people named Mr. Stephan Swan and Mr. Mathew Butler. Throughout the guilt/innocent phase, the jury believes not to have heard convincing evidence the victims were a threat to the defendant nor a sign the defendant was in fear for his life before he took the victims’ lives.
In the case of Attorney-General Northern Ireland v. Gallagher [6] where voluntary intoxication was not admitted as a defence by the judges while convicting the accused. Here, intoxication was seen separate from the ability to form an intention or not, and since the Intention to commit the particular crime had existed in the accused’s mind, the exact mental condition at the time of commission of the crime was ignored. So we can infers that the excuse which the judiciary was seeking to apply was that of inability to form intention, due to intoxication, and not intoxication by
On Bloodsworth’s appeal he argued several points. First he argued that there was not sufficient evidence to tie Bloodsworth to the crime. The courts ruled that the ruling stand on the grounds that the witness evidence was enough for reasonable doubt that the c...
decided that the confession was forced as there was no written record of what happened in
in criminal law and Beckett Ltd v. Lyons [1967] 1 All ER 833 the law