Cause Of Wrongful Convictions

It reads, "I solemnly swear or solemnly and sincerely affirm, as the case may be, that you will do nothing dishonest, and will not knowingly allow anything dishonest to be done in court, and that you will inform the court of any dishonesty of which you have knowledge; that you will not knowingly maintain or assist in maintaining any cause of action that is false or unlawful; that you will not obstruct any cause of action for personal gain or malice; but that you will exercise the office of attorney, in any court in which you may practice, according to the best of your learning and judgment, faithfully, to both your client and the court; so help you God or upon penalty of perjury." In other words, lawyers should obey the oath because its job the of a lawyer to be honest to their clients when they signed up to be a lawyer they signed up to fight for what's right. If you break the oath that could cause a lot of problems they could lose their licenses also they could get

The same kind of good evil scenario between the defense attorney and prosecutor’s office is also evident in the television show Law & Order. Although that show does not often portray one side as only good or only bad, there have been times when it has created defense attorney characters who have taken advantage of the law to force the system to completely exonerate their clients, which makes them appear to be evil people who are “cheating” justice. Reality and Fiction: the True View 3 The reality of attorneys on opposing sides of a case is that they are seldom easily identified as good or evil persons and just because they are working for the defense or the prosecution does not indicate the type of person they are (Steinberg). Both are expected to act legally and both have pressures on them that affect their work and who they are. Simply the side they represent does not alone affect the kind of person they are. As to how they try their cases, attorney ethical codes require attorneys to “zealously” pursue their case for the benefit of their client to the extent the law allows (ABA). This means that if a defense attorney sees an opportunity for his client to be set free then he or she must use it because that is their job. It is the job of the prosecutor to assure the defense does not have those opportunities. Again, this does not reflect on the quality of their character. The same thing can also

“Wrongful convictions happen every week in every state in this country. And they happen for all the same reasons. Sloppy police work. Eyewitness identification is the most- is the worst type almost. Because it is wrong about half the time. Think about that.” (Grisham). Wrongful convictions can happen to anyone, at anytime. Grisham implies wrongful convictions happen for the same reasons, careless police work as well as eyewitness identification. An eyewitness identification is a crucial aspect in detective work because it essentially locates the person at the crime scene. This is the worst cause of wrongful convictions because it is wrong half the time.

If you find yourself facing an arrest or a criminal charge of any sort, from a minor infraction like a misdemeanor, or more serious accusations like felonies, there is no doubt that you will gain tremendous benefits from hiring a criminal defense lawyer. Criminal defense attorneys specialize in all aspects of the legal process with regard to being charged with a crime by helping their clients understand the charges against them, what possible defenses their clients could use in court, different types of plea bargains that could be made and the advantages of a plea bargain, how to best represent you at trial, and what could happen to you if you are found guilty of or convicted of a crime. Additional benefits of hiring a criminal defense

Within the book, Dershowitz poses the question of whether prosecutors and defense attorneys are advocates for justice, or only for their clients. The reason for lawyers choosing a client can

Imagine you are a teen walking down the street with a friend. Now imagine being surrounded by police and getting searched for something that is not there. Since the item in question can not be placed the accuser changes their story; After multiple versions of what allegedly happened the police arrest you and your friend. Due to having a history of theft, a judge charges you with second degree robbery, even though there is no evidence to prove any wrong doing. Thinking the justice system will come through, and knowing your innocence, a trial is requested. Bail is set and cannot be paid due to economic hardship. Another consequence of not having money for bail, is there is also no money for a private attorney. A public defender, who has to many cases to keep straight, is assigned to help defend in court, yet he is trying to lessen his load and recommends several times that a plea deal is the best option that should be taken, even in the case of innocence. Picture holding out hope that if the case could just go to trial all would come to light. Four years pass by, mostly spent in solitary confinement, where the harsh circumstances begin to take a toll, mentally and physically. Imagine conditions so horrible, death seems better than enduring another day. Now picture the day for “justice” is finally here. No sooner does court get started it ends. The case gets thrown out due to the person who started all of this not being present. All the suffering that has been endured,

"The lawyer's situation is different from that of other professionals. The lawyer is vulnerable to some moral criticism that does not as readily or as easily attach to any other professional." This statement acknowledges that lawyers are faced with a variety of issues that many other professional do not have to cope with. Wasserstrom also considers the fact that in many situations lawyers have the optional ability to remove themselves form issues that may contradict their individual ethics. "Having once agreed to represent the client, the lawyer in under an obligation to do his or her best to defend that person at trial." With in the process of contracting a lawyer, the lawyer has the option of acceptance or refusal of representing the client. Therefore the lawyer can asses the case and decide if it violates any of their own individual ethics.

The presence of counsel [at post indictment lineups] is necessary to preserve the defendant’s basic right to a fair trial. (pg.157)

While the best criminal defense lawyer is an attractive supporter to have in a criminal court, defendants ought not release open defenders without at any rate meeting some of them once. This is because open defenders are frequently youthful and toward the begin of their vocations, which gives them the incentive to seek after magnificence.

Finding the best criminal defense lawyer is necessary if you want to win your case. Law is not a simple thing. It could get worse because the system is also not solely black and white. That is the reason why anyone who is charged with a serious offense needs the help from a good defense lawyer. Even though they might have done a very serious crime, they still have the right to find the best criminal defense attorney that they can get. This is to make sure that even the guilty person will have a proper and fair trial. There are a lot of cases that innocent people are convicted of doing crimes that they did not do because of incapability of their defense attorneys. Some other cases show that many people are being punished much heavier than

One reason for this would be the fact that some jurisdictions have severe staffing issues with their public defenders office, which are also extremely burdened with a heavy work assignment (Cabell, 2012). In some of these cases, a defendant can possibly provide themselves a better defense than a court appointed attorney (Cabell, 2012). In some cases, the accused simply lose the trust of their council and the U.S. Supreme Court has stipulated that a defendant can always have control over the course of their trial (Cabell, 2012). Also, current data shows that people who choose a defense pro se, often have similar outcomes as

The concept of this is that it is the judge’s duty to maintain the equilibrium of the trial and between the parties. Although I strongly believe that our law system is exceedingly fair, there are circumstances in which a fair trial is difficult to achieve, for example when one of the parties represents themselves in court such as in the case ‘Dietrich v R’. This causes problems, due to the fact that, in the majority of cases, an accused who decides to go to court unrepresented is highly disadvantaged. This is because, in general, the accused has inadequate awareness of the legal system and lack the expertise and skill to deal with their case in the same way a lawyer would be able to. In circumstances like these, a judge is prompted to lead the accused through the trial in order to ensure that an appropriate defence is given to the jury. This can cause serious problems within the courtroom for many reasons. Firstly, by the judge lending a ‘helping hand’ to the unrepresented, this provides an unfair advantage. Secondly, a trial judge and a defence attorney have two extremely contrasting roles and any attempt by a trial judge to execute an attorney’s role will only result in problems being caused.

Furthermore, although disbarments under moral turpitude cover wide latitude of grounds which might include avenues of a lawyer’s personal and professional capacity, the Court in In re Lontoc shows that this ground is intended to relate to a lawyer’s professional capacity. The disbarment case here involved a lawyer convicted of bigamy but was subsequently granted a pardon. The Court in dismissing the case, held that:

The basic duty of an attorney, as an officer of the court, is to serve as the accused's counselor, which is another name for attorney, and advocate with courage and devotion and to render effective, quality representation. Attorneys are an essential component of the administration of criminal justice. A court properly constituted to hear a criminal case must be viewed as a tripartite entity consisting of the judge (and jury, where appropriate), counsel for the prosecution which is the Prosecutor, and counsel for the accused, the attorney. Defense counsel should seek to reform and improve the administration of criminal justice. When inadequacies or injustices in the substantive or procedural law come to defense counsel's attention, he or she should stimulate efforts for remedial action. (American Bar Association,

In situations such as that, it’s easy to simply look at the defense attorneys as bad people who are trying to blame the victim in an attempt to exonerate their clients. The latter half of that is, in fact, true: they are attempting to displace the responsibility onto the victim so that they can beat the charges against the defendants. However, it is important to remember that while they are using this as a defensive tactic, they are not necessary bad people who subscribe o victim blaming, they are just doing their job. The usage of victim blaming as a defensive tactic is not the problem, as the