Type in the content of your page here. Yanie Jones
1/6/2010
Research Paper
Book Title: Principles of criminal law
Author: Wayne R. LaFave
Publisher: Thomas/West
City: St. Paul, MN
Year: 2003
Book Title: Principles of property law
Author: Herbert Hovenkamp
Publisher: Thomas/West
City: St. Paul, MN
Year: 2005
Book Title: International Law in World Politics An Introduction
Author: Shirley V. Scott
Publisher: Lynne Rienner
City: New York
Year: 2004
Book Title: Electronic Media Law
Author: Roger L. Sadler
Publisher: Publications Inc.
City: Minneapolis
Year: 2005
Book Title: Anne Orthwood’s Bastard sex and Law in Early Virginia
Author: John Ruston Pagan
Publisher: Oxford University Press, USA
City: New York
Year: 2002
Book Title: Lone Wolf v. Hitchcock Treaty Rights and Indian Law
Author: Blue Clark
Publisher: University of Nebraska Press
City: New York
Year: 1999
Criminal Justice lawyers are very important in this community. As you can see we have a lot of criminals in this world today. I feel as though lawyers in our community have made a difference for us. Being a lawyer is something that I am very passionate about. Being a criminal justice lawyer can be very tough for the fact you are defending a person who may be a criminal, but dealing with cases like this it pays off. Being a lawyer is not something you can become right off the back. When trying to become a lawyer you have to study at a very young age, get accepted to certain colleges, serve four years and pass the bar exam. When have completed these steps, you are able to fulfill your dreams in becoming a lawyer.
Public Defenders offer a lot in certain cases and are very devoted to their case. What is a public defender? A public defender is a very successful lawyer employed by the government to represent those who are charged with a crime and cannot afford an attorney. Public defenders are known for a lot of interesting things. Because they are so devoted, they spend a lot of time working on your cases. In certain states, public defenders also represent people being involuntarily committed to a mental health facility due to an alleged mental illness. Some jurisdictions in the United States have part-time public defenders, which mean public defenders are allowed to work also in a private law practice.
Public defenders are usually paid by the state or the local county prosecuting the person. Unlike other lawyers public defenders accomplish so many things. The federal government uses public defenders in federal prosecutions. A different jurisdiction uses different approaches to providing such counsels. By far, the most common is a public defender office, meaning that the office is an agency of the government and the employees work for the state or the county. Public defenders weren’t always so popular in law. The first person to propose the creation of the public defender’s office was California’s first female attorney, Clara Shortridge Foltz. According to Clara Shortridge Foltz, in a time before their were public defenders, young, inexperienced attorneys were often ordered by courts to defend indigents of different of pro bono, and in that capacity, Foltz saw firsthand the inequitable results of the system.
According to the Government agency, Public defender agencies of all kinds are supported by public funding, but are ethically bound to be independent and not take direction from the government as to the acceptance of handling cases, or to the hiring staff of attorneys. Defenders vary greatly regarding the types of support staff they employ to support the work of their attorneys. In addition to clerical staff, defender offices may empty investigators, social workers and forensic experts, such as psychologists. These human resources may help defenders provide more professional service than an appointed lawyer without staff or funds employing them. Private appointed attorneys are entitled to apply to the court for the services of an expert or investigator and the government is required to pay for those services if they are essential to the defense of the accused person.
Problems of excessive case loads and low salaries still plague many state public defenders’ offices. To avoid these problems the American Bar Association and the National Legal Aid and Defender Association have promulgated standards relating to the performance of an appropriate case loads for public defenders. A lot of research has indicated that indigents receive the highest level of representation when assisted by a well funded professional office dedicated to criminal defense. Studies have indicated that the outcomes for properly funded and independent public defender clients are on equal footing as clients of private attorney’s in the same jurisdiction. A lot of issues often arise in state jurisdictions with regard to appropriate levels of public defender funding. If attorneys are under-funded, their case loads can become so excessive that they are unable to provide adequate representation. Further, funding issues can keep salaries too low to attract the best legal talent or to keep experienced lawyers on staff. The elected public defenders in Florida have engaged in extensive litigation regarding underfunding and excessive caseloads. This litigation is based on their ethical and constitutional duties to provide effective counsel to their clients and their independence from the judges who appoint them. http://en.wikipedia.org/wiki/Criminal_law
There are often debates about whether a public defender agency should be headed by an elected official. Some public defenders follow a “holistic approach” to providing public defense services to their clients. This means that because the public defender office is working with people who are living in poverty, they have an opportunity to make a positive impact on the lives of the clients, families and communities they work in. One example of holistic representation is the use of social work services to identify the reason for the criminal act and try to work on that problem. In many cases, people who are arrested are suffering from a drug problem or may even have an undiagnosed mental illness. A holistic public defender would be able to find an appropriate treatment program for such a client and advocate to the judge and the prosecutor to allow the client to receive treatment rather than go to jail. Some public defender offices also have community based services to help prevent criminal activity.
Full-time public defenders are specialists who only handle criminal matters and can tap into a nation-wide network for guidance and assistance. Many public defenders enjoy some form of civil service protections, such as a requirement that any employment termination be only for “good cause. Certain cases in law may allow public defenders more freedom in vigorously handling their caseloads. In Florida, staff attorneys have no civil service protections. In jurisdictions where the public defender is a government agency, public defenders are generally on the same or similar pay-scale to prosecutors. This rate of pay is generally below that of the private sector.
Federal Public Defender offices follow one of two models. The first model, the Federal Public Defender, is a federal agency which operates under the judicial branch of the federal government, specifically administered by the Administrative Office of the United States Courts. However, they perform administrative and budgetary duties as only the circuit courts of appeals of the United States are in charge of appointing their respective Federal Defenders, who in turn hire lawyers and support staff and manage the office. The office of the Federal Public Defender operates under authority of the Criminal Justice Act of 1964. This provides defense services in federal criminal cases to individuals who are financially unable to obtain adequate representations. Defender organization attorneys may not engage in the private practice of law. Those accused who are found to be indigent in jurisdictions without a Federal or Community Defender, and those for whom there is a conflict or those charged at a time the Defender in their jurisdiction is short staffed or has a full caseload, will be appointed private counsel who are paid an hourly rate from an approved list of qualified lawyers who have the requisite experience to handle a federal criminal case.
A federal defender’s case load is usually substantially lower than his state counterpart’s. While a state public defender may have to juggle over 100 cases, an Assistant Federal Public Defender routinely has 30-50 cases, a very manageable number, though the severity and complexity of such cases mat be greater. The federal system has over 4,000 separate offenses, and uses a very mechanistic, sentencing scheme based on a set of “advisory” sentencing guidelines. State public defenders often begin their careers handling misdemeanor cases.
Furthermore, in jurisdictions without an organized public defender agency, some courts and legislatures in some states tend to “cap” the amount a panel attorney who does not work for a public defender agency can receive in compensation on a case, there is much more pressure on the “panel” attorneys to resolve a case or issue quickly than there is for a full-time Federal Public Defender, who can afford to invest all the time necessary to fully develop an unusual motion or issue.
Private attorneys are much more private when it comes down to certain cases. Private attorneys don’t offer a lot in certain cases like public defenders do. Unlike public defenders private lawyers are enacted to certain individuals and corporations. This means they are only public to certain individuals or other businesses. Being a private lawyer is not a horrible thing, but in reality private lawyers don’t have as much of cases to hold like public attorneys. In other words ptivate lawyers don't spend much time on cases like public attorneys would. Private lawyers in some cases don't take the time to dig up alot of information on their case. Public attorneys takes time on your case to see if they can get more information out of it and actually take the time to help find sorces. http://www.encyclopedia.com/topic/public_defender.aspx
Misdemeanors are crimes are generally punishable by less than one year’s imprisonment. You have the right to jury a trial when charged with a misdemeanor if the crime is considered very serious. The common law system of dividing crimes into felonies and misdemeanors is gradually being replaced with newer systems based on statutes enacted by legislatures.
First-degree crimes include the most serious crimes like: · Murder · Sexual assault · Kidnapping
Fourth degree crime includes the least serious crimes.
The Model Penal Code also recognizes criminal conduct less serious than crimes, such as offenses and violations
Crimes have two basic elements-a guilty mind and a guilty act.
A crime is committed when a person commits a guilty act accompanied by a guilty mind.
The Model Penal Code uses the following terms to describe the actor’s state of mind. · Purpose · Knowledge · Recklessness · Negligence
Crime has a lot of specific elements that are contained in the definition of a crime. Crimes are very serious acts that are harmful to people in certain ways.
In the year of 2004 the salary for all lawyers was $94,930 per year. Thee earnings of all state and local government lawyers ranged from $70,280 to $73,410 per year, while the median for federal government lawyers was $108, 70 per year. Others who entered practice in large law firms started with salaries ranging from $34,000 to $80,000 per year. Lawyers who start their own practices right after graduating from law school generally earn very little for the first few years. As their business grows, they can do quite well. Experienced lawyers can earn between $130,000 and $1 million per year. Lawyers have a lot to offer. The private attorney general is entitled to recover attorney's fees if he or she prevails. The purpose of this principle is to provide extra incentive to private citizens to pursue suits that may be of benefit to society at large.
Many lawyers now days specialize in different cases. Criminal lawyers are hired by people facing prosecution for crimes. Public defenders are employed by the government to represent people who cannot afford to pay for a lawyer. Usually when you don’t have enough money for a lawyer the government always hire a lawyer for you. Certain lawyers handle only civil cases. Civil cases do not involve criminal misconduct. Divorce and damage suits fall under civil law. Labor law concerns disputes between management and unionized workers, while patent law concerns disputes over the right to inventions. Most criminal prosecutions today in the United States and other countries in the Anglo-American legal tradition are conducted by public prosecutors who are public employees, but until the late 19th century most criminal prosecutions in the United States were conducted by private persons, usually but not always lawyers, either paid by private parties or asked by the court to serve pro bono. Private criminal prosecutions are still legal in several of those countries, including several states of the United States.
. Criminal justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts.
The rights of the accused are rights that protect those accused of crime. Goals
In the United States, criminal justice policy has been guided by the 1969 President's Commission on Law Enforcement and Administration of Justice, which issued a ground-breaking report "The Challenge of Crime in a Free Society." This report made more than 200 recommendations as part of a comprehensive approach toward the prevention and fighting of crime.
The criminal justice system consists of three main parts: (1) law enforcement (police); (2) adjudication (courts); and (3) corrections (jails, prisons, probation and parole). In the criminal justice system, the people are represented by two separate yet equally important groups: the police, who investigate crime, and the district attorneys, who prosecute the offenders. lawhttp://legal-dictionary.thefreedictionary.com/Public+Defender.
Yanie Jones
1/6/2010
Research Paper
Book Title: Principles of criminal law
Author: Wayne R. LaFave
Publisher: Thomas/West
City: St. Paul, MN
Year: 2003
Book Title: Principles of property law
Author: Herbert Hovenkamp
Publisher: Thomas/West
City: St. Paul, MN
Year: 2005
Book Title: International Law in World Politics An Introduction
Author: Shirley V. Scott
Publisher: Lynne Rienner
City: New York
Year: 2004
Book Title: Electronic Media Law
Author: Roger L. Sadler
Publisher: Publications Inc.
City: Minneapolis
Year: 2005
Book Title: Anne Orthwood’s Bastard sex and Law in Early Virginia
Author: John Ruston Pagan
Publisher: Oxford University Press, USA
City: New York
Year: 2002
Book Title: Lone Wolf v. Hitchcock Treaty Rights and Indian Law
Author: Blue Clark
Publisher: University of Nebraska Press
City: New York
Year: 1999
Criminal Justice lawyers are very important in this community. As you can see we have a lot of criminals in this world today. I feel as though lawyers in our community have made a difference for us. Being a lawyer is something that I am very passionate about. Being a criminal justice lawyer can be very tough for the fact you are defending a person who may be a criminal, but dealing with cases like this it pays off. Being a lawyer is not something you can become right off the back. When trying to become a lawyer you have to study at a very young age, get accepted to certain colleges, serve four years and pass the bar exam. When have completed these steps, you are able to fulfill your dreams in becoming a lawyer.
Public Defenders offer a lot in certain cases and are very devoted to their case. What is a public defender? A public defender is a very successful lawyer employed by the government to represent those who are charged with a crime and cannot afford an attorney. Public defenders are known for a lot of interesting things. Because they are so devoted, they spend a lot of time working on your cases. In certain states, public defenders also represent people being involuntarily committed to a mental health facility due to an alleged mental illness. Some jurisdictions in the United States have part-time public defenders, which mean public defenders are allowed to work also in a private law practice.
According to the Government agency, Public defender agencies of all kinds are supported by public funding, but are ethically bound to be independent and not take direction from the government as to the acceptance of handling cases, or to the hiring staff of attorneys. Defenders vary greatly regarding the types of support staff they employ to support the work of their attorneys. In addition to clerical staff, defender offices may empty investigators, social workers and forensic experts, such as psychologists. These human resources may help defenders provide more professional service than an appointed lawyer without staff or funds employing them. Private appointed attorneys are entitled to apply to the court for the services of an expert or investigator and the government is required to pay for those services if they are essential to the defense of the accused person.
Problems of excessive case loads and low salaries still plague many state public defenders’ offices. To avoid these problems the American Bar Association and the National Legal Aid and Defender Association have promulgated standards relating to the performance of an appropriate case loads for public defenders. A lot of research has indicated that indigents receive the highest level of representation when assisted by a well funded professional office dedicated to criminal defense. Studies have indicated that the outcomes for properly funded and independent public defender clients are on equal footing as clients of private attorney’s in the same jurisdiction. A lot of issues often arise in state jurisdictions with regard to appropriate levels of public defender funding. If attorneys are under-funded, their case loads can become so excessive that they are unable to provide adequate representation. Further, funding issues can keep salaries too low to attract the best legal talent or to keep experienced lawyers on staff. The elected public defenders in Florida have engaged in extensive litigation regarding underfunding and excessive caseloads. This litigation is based on their ethical and constitutional duties to provide effective counsel to their clients and their independence from the judges who appoint them. http://en.wikipedia.org/wiki/Criminal_law
There are often debates about whether a public defender agency should be headed by an elected official. Some public defenders follow a “holistic approach” to providing public defense services to their clients. This means that because the public defender office is working with people who are living in poverty, they have an opportunity to make a positive impact on the lives of the clients, families and communities they work in. One example of holistic representation is the use of social work services to identify the reason for the criminal act and try to work on that problem. In many cases, people who are arrested are suffering from a drug problem or may even have an undiagnosed mental illness. A holistic public defender would be able to find an appropriate treatment program for such a client and advocate to the judge and the prosecutor to allow the client to receive treatment rather than go to jail. Some public defender offices also have community based services to help prevent criminal activity.
Full-time public defenders are specialists who only handle criminal matters and can tap into a nation-wide network for guidance and assistance. Many public defenders enjoy some form of civil service protections, such as a requirement that any employment termination be only for “good cause. Certain cases in law may allow public defenders more freedom in vigorously handling their caseloads. In Florida, staff attorneys have no civil service protections. In jurisdictions where the public defender is a government agency, public defenders are generally on the same or similar pay-scale to prosecutors. This rate of pay is generally below that of the private sector.
Federal Public Defender offices follow one of two models. The first model, the Federal Public Defender, is a federal agency which operates under the judicial branch of the federal government, specifically administered by the Administrative Office of the United States Courts. However, they perform administrative and budgetary duties as only the circuit courts of appeals of the United States are in charge of appointing their respective Federal Defenders, who in turn hire lawyers and support staff and manage the office. The office of the Federal Public Defender operates under authority of the Criminal Justice Act of 1964. This provides defense services in federal criminal cases to individuals who are financially unable to obtain adequate representations. Defender organization attorneys may not engage in the private practice of law. Those accused who are found to be indigent in jurisdictions without a Federal or Community Defender, and those for whom there is a conflict or those charged at a time the Defender in their jurisdiction is short staffed or has a full caseload, will be appointed private counsel who are paid an hourly rate from an approved list of qualified lawyers who have the requisite experience to handle a federal criminal case.
A federal defender’s case load is usually substantially lower than his state counterpart’s. While a state public defender may have to juggle over 100 cases, an Assistant Federal Public Defender routinely has 30-50 cases, a very manageable number, though the severity and complexity of such cases mat be greater. The federal system has over 4,000 separate offenses, and uses a very mechanistic, sentencing scheme based on a set of “advisory” sentencing guidelines. State public defenders often begin their careers handling misdemeanor cases.
Furthermore, in jurisdictions without an organized public defender agency, some courts and legislatures in some states tend to “cap” the amount a panel attorney who does not work for a public defender agency can receive in compensation on a case, there is much more pressure on the “panel” attorneys to resolve a case or issue quickly than there is for a full-time Federal Public Defender, who can afford to invest all the time necessary to fully develop an unusual motion or issue.
Private attorneys are much more private when it comes down to certain cases. Private attorneys don’t offer a lot in certain cases like public defenders do. Unlike public defenders private lawyers are enacted to certain individuals and corporations. This means they are only public to certain individuals or other businesses. Being a private lawyer is not a horrible thing, but in reality private lawyers don’t have as much of cases to hold like public attorneys. In other words ptivate lawyers don't spend much time on cases like public attorneys would. Private lawyers in some cases don't take the time to dig up alot of information on their case. Public attorneys takes time on your case to see if they can get more information out of it and actually take the time to help find sorces. http://www.encyclopedia.com/topic/public_defender.aspx
Misdemeanors are crimes are generally punishable by less than one year’s imprisonment. You have the right to jury a trial when charged with a misdemeanor if the crime is considered very serious. The common law system of dividing crimes into felonies and misdemeanors is gradually being replaced with newer systems based on statutes enacted by legislatures.
First-degree crimes include the most serious crimes like:
· Murder
· Sexual assault
· Kidnapping
Fourth degree crime includes the least serious crimes.
The Model Penal Code also recognizes criminal conduct less serious than crimes, such as offenses and violations
Crimes have two basic elements-a guilty mind and a guilty act.
A crime is committed when a person commits a guilty act accompanied by a guilty mind.
The Model Penal Code uses the following terms to describe the actor’s state of mind.
· Purpose
· Knowledge
· Recklessness
· Negligence
Crime has a lot of specific elements that are contained in the definition of a crime. Crimes are very serious acts that are harmful to people in certain ways.
In the year of 2004 the salary for all lawyers was $94,930 per year. Thee earnings of all state and local government lawyers ranged from $70,280 to $73,410 per year, while the median for federal government lawyers was $108, 70 per year. Others who entered practice in large law firms started with salaries ranging from $34,000 to $80,000 per year. Lawyers who start their own practices right after graduating from law school generally earn very little for the first few years. As their business grows, they can do quite well. Experienced lawyers can earn between $130,000 and $1 million per year. Lawyers have a lot to offer. The private attorney general is entitled to recover attorney's fees if he or she prevails. The purpose of this principle is to provide extra incentive to private citizens to pursue suits that may be of benefit to society at large.
Many lawyers now days specialize in different cases. Criminal lawyers are hired by people facing prosecution for crimes. Public defenders are employed by the government to represent people who cannot afford to pay for a lawyer. Usually when you don’t have enough money for a lawyer the government always hire a lawyer for you. Certain lawyers handle only civil cases. Civil cases do not involve criminal misconduct. Divorce and damage suits fall under civil law. Labor law concerns disputes between management and unionized workers, while patent law concerns disputes over the right to inventions. Most criminal prosecutions today in the United States and other countries in the Anglo-American legal tradition are conducted by public prosecutors who are public employees, but until the late 19th century most criminal prosecutions in the United States were conducted by private persons, usually but not always lawyers, either paid by private parties or asked by the court to serve pro bono. Private criminal prosecutions are still legal in several of those countries, including several states of the United States.
.
Criminal justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts.
The rights of the accused are rights that protect those accused of crime. Goals
In the United States, criminal justice policy has been guided by the 1969 President's Commission on Law Enforcement and Administration of Justice, which issued a ground-breaking report "The Challenge of Crime in a Free Society." This report made more than 200 recommendations as part of a comprehensive approach toward the prevention and fighting of crime.The criminal justice system consists of three main parts: (1) law enforcement (police); (2) adjudication (courts); and (3) corrections (jails, prisons, probation and parole). In the criminal justice system, the people are represented by two separate yet equally important groups: the police, who investigate crime, and the district attorneys, who prosecute the offenders. lawhttp://legal-dictionary.thefreedictionary.com/Public+Defender.