Saturday, February 1, 2020

Law Essay Example | Topics and Well Written Essays - 1500 words

Law - Essay Example This is why some evidence is kept for years under protection to ensure that every suspected criminal is rightfully charged. Doctor and attorney client privileges exist because every individual has a right to defend themselves by using an attorney before being charged. The defendants also have the right for a doctor in case they have medical complications. Every suspected criminal is expected to have an attorney who are of high qualities, excellent judgment, absolute integrity, fearless and have good knowledge of the case and the evidence presented to them (Totten, 2012). Privileges to an attorney and provision of doctor are very essential as it prevent innocent people from being prosecuted or individuals who are found guilty being given a fair trial that guarantees them a reasonable sentence depending on the crimes they have been found guilty for. The way a case is handled does not only affect the prosecuted and the prosecutors but the society at large. This is why the decision or th e judgment of the prosecutors should not be based on the public pressure, political influence or media instead should be based on the evidence found and the level the attorneys can prove the guilt or the innocence of the person at interest. This is why the prosecutors say that it is never easy being the one to make a judgment of whether a person is guilty or not, being able to put someone in jail makes the journey so lonely that there are people waiting for your decision and whichever you give one party will be hurt. The job takes character; it dictates one to have self confidence and inner strength (Totten, 2012). Without having solid moral direction and be compassionate in their approach the society will judge them and try to bring them down. Where there is evidence, the prosecutor should be guided by common sense and fairness because the decision they make may extremely affect the lives of many others than the suspected criminal. Suspected criminal should have privilege for an at torney who is supposed to represent them regardless of the amount of evidence found against them. This ensures that the evidence provided is properly marshaled and severely adduced because there can never be a fair trial without fair prosecution and presentation of enough evidence. The attorney also tries to reduce the charges brought against their clients by taking up deals (Siegel, 2009). The attorney is required to have the client attorney privilege of ensuring that they keep everything the client has told them under protection unless they decide not to represent those clients. Question 2 In the case Ulster v. Allen, 442 U.S. 140, 1979, presumptions as evidence was used where the defendants refused to the introduction of the guns into evidence since there was no enough prove to connect them with the guns. The trial court canceled the protest, relying on the presumption of custody created by a New York law providing that the existence of a weapon in a vehicle is presumptive confir mation of its unlawful ownership by all people then occupying the automobile, except when inter alia, the weapon is set up upon the individual of one of the occupants (Samaha, 20111). To find guilty a criminal defendant, the prosecutor must confirm

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