who may perceive the justice system and legal actors as “enemies” due to high degree of power imbalance. This has potential to increase the trust between the client and the lawyer which is the fundament of the fiduciary relationships. Acquiring cultural competence goes beyond one-hour training sessions‚ it requires constant introspection‚ professional and self-development‚ and acquisition of new skills. The capability of acting in a culturally competent manner includes the elements of “awareness;
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Marcos v Ruiz FACTS: * After conducting a preliminary investigation‚ Asst‚ Fiscal of Tagbilaran City filed to RTC Bohol 2 information against Marcos for violation of BP 22. * Marcos appeared during the scheduled arraignment but asked for resetting because his lawyer has just withdrawn from the case. The court granted his request. * Later‚ Marcos was able to settle his obligation with the complainants and the latter executed an Affidavit of Desistance. Because of that‚ Asst. City Fiscal filed a Motion
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1. Fred is drunk and driving his dad’s car. Fred is a 21 year old student at Columbia College. Fred rams into a parked car at 10th and Rogers. Thinking no one saw him; Fred moves his car and parks it on an adjacent lot. He sprints to his dorm room in Miller Hall. A neighbor saw the wreck and Fred running to the dorm. Police are called and they arrive ten minutes after the wreck. The officers see several empty beer cans and a bottle of tequila (half full) in the front seat. The tags are traced
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someone else which is murder. The intent of the person was definitely not to hurt anyone‚ but the incident took the life of an innocent person. Should that driver‚ who had no control of the vehicle‚ be punished for murder even though there was no criminal intent? These are things that prosecutors of the state have to deliberate and attempt to prove
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disease of the mind‚ this is known as insane automatism which results in a special verdict of not guilty by reason of insanity. The defence of non-insane automatism‚ if successfully pleaded‚ acts as a complete defence absolving the defendant of all criminal liability. It differs from the defence of insane automatism in that there is no power to detain in a mental hospital neither may any other order be made against the defendant. The defence of non-insane automatism exists where a person commits a crime
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• Mandatory: What is probable cause? How does probable cause affect the actions of police? How well do police officers meet the criteria of probable cause before taking action with regard to a criminal activity? Probable cause is a standard that all law enforcement officers abide by when searching for evidence on a person or their property to get a warrant and make an arrest. Probable cause affects the actions of police because if they do not follow these guidelines they can be reprimanded and
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Verbal Communication Paper Within the criminal justice and law enforcement communities‚ communication plays a major role on getting information shared between all areas. Making sure all parties have seen or heard all the information about the case is very important‚ along with how the information is sent to them. There are two main sources of communications that are always used within the law‚ oral and written. Depending on who is giving the information is really what makes the difference
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Comparative Criminal Justice Systems The goal of socialism is to minimize people’s suffering through public control of industry and social services; socialism rejects class-based society (TheFreeDictionary‚ 2010). Socialism promises prosperity‚ equality‚ and security to the people. However‚ in many cases socialism has brought poverty‚ misery‚ and tyranny to the people; equality is achieved in the sense that everyone is equal in misery (Perry‚ 1995‚ June). Key characteristics of the socialist system
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It is important that all relevant information be disclosed to the accused. Refusal to do so will always bring the administration of justice into dispute. There are circumstances though where that may not be possible. In the events where disclosing certain information could bring harm to the security and safety of persons certain information may be withheld. There are four considerations that must be made by the Crown counsel should the defence request information about witnesses: the first is to
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Victims’ Rights and Vengeance CJA/324 – Ethics in Criminal Justice Instructor: Frederick Brockmeier 8/18/2014 Victims’ rights in America I believe that current state of victims’ right in America is better than it has been in the past thirty years. Thirty years ago‚ victims had few legal rights to be informed‚ present and heard within the criminal justice system. Victims did not have to be notified of court proceedings or of the arrest or release of the
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