Self-defense in Criminal Cases Essay -- essays research papers

Self-defense in criminal cases.One of the frustrations faced by umpteen businesses is that after the perpetrators of crimes have been identified, the District Attorneys office will not accompany the case. One option is for victims to sue the DA in an attempt to compel him to mastersecute, but this would be costly and proving dereliction of duty would be difficult. The DA is effectively immune. Other options be more promising. The law should encourage (and prosecutors offices should welcome) individual(a) preparation of criminal cases. Prosecutors budgets simply do not allow mobile prosecution of all the available criminal cases. Logic and evidence put down that in private law, plaintiffs win about 50 percent of the cases that are tried. This is because the parties are more likely to settle lopsided cases out of hail. mankind prosecutors, by contrast, win far more than 50 percent of their tryout cases because they have budget constraints and so elect whenever possible to g o to court with only the cases they are likely to win. Victims should be allowed to hire private attorneys and approximately other professionals to prepare cases against the accused and thereby extend public prosecutors resources. The attorneys can be retained pro bono (for the good) or for compensation. This is already done in or so white collar cases where financial complexities exceed the prosecutors expertise, such as composite embezzlement cases, some oil and gas swindles and cases involving the misapplication of construction perpetrate funds.At present, more cases are never prosecuted for one reason or another. For example, in about 40 percent of federal embezzlement and bilgewater cases, charges are dropped because of insufficient evidence to convict, given the resources at hand.85 In some instances prosecutors "deputize" attorneys to try cases, too. Many private attorneys have criminal find as former prosecutors or public defenders. A logical supplement of p rivate preparation for trial is the complete privatization of the prosecutors job by promise out. Private attorneys, of course, are often appointed on a pro bono basis for criminal defense. Private attorneys could be deputized for a single trial or for ongoing prosecutors work, either pro bono or under contract.The uniform remedies are available to finance criminal prosecution as elegant litigation. Commercial insurance policies could be exp... ...ting witnesses before a grand jury, or the person being investigated, has become a well orchestrated, even cynical, minuet.The initiative and virtually important task may be overcoming the cynicism of so many lawyers in and out of governance to whom concern for "fairness" somehow signifies weakness. It is a cynicism that government lawyers should not have the luxury of acting upon. In reality, a commitment to fairness is a highly reliable sign of authorization and confidence in the merits of ones position, and it is usuall y those who fear the fairness of the forum who most fear outcomes based on merit. Recently, a controversy has erupted over whether evaluator Department lawyers are bound by state codes of ethics and analogous local federal court rules of practice. The issue stems from rules that restrict contact by lawyers with parties known to be represented by counsel, including corporate parties. In essence, the government is seeking to exempt its own lawyers from state and federal court good restraints in ways that would go far beyond issues of witness contact. Courts, and then far, have been unsympathetic to this government effort at unilateral resistance from the rules of ethics.