was awarded and more. Thompson had to spend 18 years in prison and nearly executed for a crime he did not commit. I argue that the prosecutors on this case should have been fired for their wrong doing. I blame them because it stated that the prosecutors failed to disclose the evidence of the robber’s blood that was left on one of the victims pants. If the prosecutors would have match Thompson blood to the blood that was on the victims pants it could have prevented him from having to spend almost…
dockets, a plea bargain allows the prosecutor to streamline the court docket as well as minimizing costs (Savitsky, 2009, p. 9). It would be impossible and take entirely too much time to take every case to trial. When a defendant receives less time to serve in prison, I consider it a trade-off because it is possible the prosecutor could lose the case at trial. I understand why people get frustrated with plea bargains and I have often been upset when a prosecutor accepted a plea bargain…
to express personal animosity towards the opposition (National Prosecution Standard). Chief prosecutors are to participate in training and educational programs to ensure they are knowledgeable about current laws and rulings (National Prosecution Standard). Prosecutors are given immunity from civil liability while acting within the scope of their practice. Defense Attorney The counterpart of the prosecutor is the defense attorney. Defense attorneys can be privately retained by defendants or be…
clog up the court system if prosecutors are opened up to lawsuits. While there is merit to these arguments, there are very sound argument against this position. For example, some states allowed a paths for state lawsuits for damages caused by prosecutorial misconduct, and there’s little evidence that those states have been opened to a barrage of frivolous suits. Regarding the fear of retaliation, the damages are paid by the prosecutor’s employers and never by the prosecutors themselves. Scott…
Prosecutor will present evidences and witness before the judge or jury to prove wrongdoing of the suspect behind the bar. The defense lawyer will attempt to defend the defendant by proving his or her innocence (Travis & Edwards, 2015). Trials are more common…
the majority of the criminal cases are settled by it. This is the process whereby a criminal defendant and prosecutor reach a mutually satisfactory disposition of a criminal case, subject to court approval. According to the ‘legal dictionary’ “Plea bargaining can conclude a criminal case without a trial. When it is successful, plea bargaining results in a plea agreement between the prosecutor and defendant.” This agreement makes the defendant plea guilty on the change he’s been accused…
ways that evidence/crime scene was mishandled and could have been managed better. One of the main evidence that was mishandled by the prosecution were DNA tests. The state crime lab failed to find any player’s DNA match to the found DNA, so the prosecutor requested a private crime lab to conduct their own tests. Another evidence piece was information from the players’ cell phones. The records showed the contradictions to the victim’s accusations, thus making them false. Also, the owner of the…
By overcharging defendants, prosecutors instill fear into defendants, further utilizing their power to dominate plea negotiations. There are two types of methods to overcharge defendants, these include horizontal overcharging and vertical overcharging. Vertical overcharging occurs when the prosecutor charges the defendant with a higher charge than which was present in the warrant, while horizontal overcharging occurs when the prosecutor charges the defendants with more accusations…
There are three parties in a criminal case. First, the prosecutor is the government that makes the…
European Arrest Warrant on the basis that the signature by a prosecutor would be invalid in accordance with British law? • Answer: British authorities cannot refuse to execute the Swedish EAW on the basis that the signature of the prosecutor would be invalid in accordance with British law. As the Supreme Court ruled by a majority in the case Assange v The Swedish Prosecution Authority , a European Arrest Warrant issued by a prosecutor is valid . According to Lord Phillips, the 'competent…