Very often, these attorneys are picked not on the basis of experience or merit, but because they will cause the least resistance at trial. Often the defendants counsel will meet the defendant for the first time at the arraignment, at which the all-important decision to plead guilty or not guilty is made. Many capital defendants are given attorneys... ... middle of paper ... ...7.html Direct Quotes: Name: O' Connor, Sandra Day Place of Quote: In "Poor Not Getting Right Representation" Profession: Supreme Court Justice Name: Abu-Jamal, Mumia Place of Quote: In "Poor Not Getting Right Representation" Profession: Pennsylvania Death Row Inmate Name: Bradley, Clarence Place of Quote: In "Murder of an Innocent" Profession: Death Row Inmate Name: Voltaire Place of Quote: In "Murder of an Innocent" Name: Bloodsworth, Kirk Place of Quote: In "Murder of an Innocent" Profession: Wrongly Accused Inmate Name: McMillan, Walter Place of Quote: In "Murder of an Innocent" Profession: Wrongly Accused Inmate Name: Morales, Dan Place of Quote: In "Murder of an Innocent" Profession: Attorney General Name: Wagner, Eugene Place of Quote: In "Murder of an Innocent" Profession: Michigan Attorney
“Not guilty by reason of insanity” (NGRI) has often perplexed even the most stringent of legal and psychiatric professionals for centuries. Moreover, it has transcended into the pop culture, as a “loophole”for the criminal society. However, the insanity defense is only used in less than 1% of criminal cases, and used successfully in only 10-25% of those cases (Torry and Billick, 2010). In order to successfully be acquitted by reason of insanity, the legal team, paired with psychiatric professionals, must prove that the defendant is not legally responsible for the crime, despite the evidence that they executed the crime. They must also prove that the defendant, was or is currently suffering from a mental disorder, and that the defendant have/had a impaired logical control of their actions (Smith, 2011).
He has a determinate sentence. He is released after his ten years served and has not changed and is back to his old habits of bank fraud. The crime may not have been as serious as murder, but that leaves me to question what the point of incarceration is without the offender really being rehabilitated was? I have mixed
While crime rates went down in the United states , rape did not decline (KIlpatrick). Before the late 80’s victims were questioned about the attack and their names were published. If while questioning the victim something was found that was not appropriate , they may have been blamed for the assault (Friedrichs). Then raped shield laws were passed and protected the victim for undesired questioning. Marital rape was legal up until 1976(stritof) , and wasn’t illegal in all 50 states until 1993.
The sentencing in criminal cases with a guilty verdict, however, may be appealed by either the defendant or by the prosecution (uscourts.gov, 23). Proceedings in appellate courts are very different from those in trial courts. Trial courts are courts in which witnesses are heard, exhibits are offered into evidence, and a verdict (in a jury trial) or a decision (when a case tried by a judge alone) is reached based on the facts presented in the case. A trial court has only one judge, appellate courts, with the exception of state supreme courts and the U.S. Supreme Court, have three. Most legal disputes involving state law are initially decided in the trial courts or by an administrative agency.
For a long time, many researchers were unsure of why this drastic drop occurred, but it was soon determined that the death penalty played a significant role. The surprises didn’t stop there. The Expense Of Housing Criminals It costs a lot of money to house violent criminals. Assessments from Judge Arthur Alarcon and Prof. Paula Mitchell in California concluded that one billion dollars was spent in 2011 just for incarcerating criminals until their execution was established (Death). Money that goes to taxes to help supply the hospitality for these criminals could instead be spent on things that the taxpayer needs.
However, under the Texas law littering is a Class C Misdemeanor that can justify the arrest and detention of the appellant s the objects littered weighed less than five pounds. Accordingly, the suspicion and detainment of the appellant by the police officer is justifiable. However, there have been issues amounting to infringement on the rights of individuals upon detention. Most notably is the fact that the officers responsible for detaining individuals always end up to investigate matters that are not related to the issue of detention. For instance, if the appellant was arrested for lack of identification items he was only supposed by to be asked ... ... middle of paper ... ...n the evidence provided on appeal (objections on the chain of command) was different from the objection raised during the trial of the case( objection on the admissibility of the testimony by the State’s forensic chemist).
One such approach to indigent defense is public defender programs and is a popular system used by many states today. Public defender programs have been around since the 1900’s but gained popularity throughout the years due to the many indigent defense cases. Historically, the right to counsel was only guaranteed in federal criminal court (Wice, 2005). A person charged with a crime in the state court did not have the right to legal representation. Law scholar Professor Mason Beaney explained this by saying, “only a few states guaranteed the right to appointed counsel…In most jurisdictions counsel was appointed in none but the most serious cases, often only when the crime was punishable by death” (Wice, 2005, p. 3).
An example of this would be the years from 1968 to 1977 due to the nearly 10 year moratorium. During those years, the Supreme Court ruled that capital punishment violated the Eight Amendment’s ban on cruel and unusual punishment. However, this ended in 1976, when the Supreme Court reversed the ruling. They stated that the punishment of sentencing one to death does not perpetually infringe the Constitution. Richard Nixon said, “Contrary to the views of some social theorists, I am convinced that the death penalty can be an effective deterrent against specific crimes.”1 Whether the case be morally, monetarily, or just pure disagreement, citizens have argued the benefits of capital punishment.
Since then, it has been modified with different rules and parameters and is currently available in 46 states (Kansas, Montana, Idaho, and Utah have eliminated it from their jurisdiction (Turco)). However, it is not a very common defense. “The insanity defense is raised in about 1% of all felony cases, and the jury rules not guilty by reason of insanity in about 25% of these cases. Recent studies have also shown that agreement between clinicians is high (about 79%) and that only a small minority of ... ... middle of paper ... ...nt of mistakes committed is as low as possible. We should consider the credibility of expert witnesses and other types of proof presented to the court to avoid malingering and ensure that the parole officers are as experimented and as professional as possible.