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

Self-defense in sorry cases.One of the frustrations faced by many businesses is that after the perpetrators of crimes have been identified, the District Attorneys office will not pursue the case. One option is for victims to sue the DA in an exertion to compel him to prosecute, but this would be costly and proving dereliction of duty would be difficult. The DA is effectively immune. Other options are more promising. The law should come on (and prosecutors offices should welcome) snobby preparation of criminal cases. Prosecutors budgets simply do not grant vigorous prosecution of all the available criminal cases. Logic and conclude show that in private law, plaintiffs win ab break 50 pct of the cases that are tried. This is because the parties are more likely to settle lopsided cases out of approach. Public prosecutors, by contrast, win far more than 50 percentage of their trial cases because they have budget constraints and so elect whenever possible to go to court with onl y the cases they are likely to win. Victims should be allowed to hire private attorneys and other professionals to prepare cases against the accused and thereby extend public prosecutors resources. The attorneys discount be retained pro bono (for the good) or for compensation. This is already done in some white collar cases where financial complexities exceed the prosecutors expertise, such as complicated embezzlement cases, some oil and gas swindles and cases involving the misapplication of structure trust funds.At present, many cases are never prosecuted for one reason or another. For example, in about 40 percent of federal embezzlement and fraud 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 experience as former prosecutors or public defenders. A analytic extension of private preparation for trial is the com plete privatization of the prosecutors job by contracting out. Private attorneys, of course, are often appointed on a pro bono basis for criminal defense. Private attorneys could be deputized for a hotshot trial or for ongoing prosecutors work, either pro bono or low contract.The same remedies are available to finance criminal prosecution as civil litigation. Commercial insurance policies could be exp... ...ting interpretes before a honey oil jury, or the person being investigated, has become a well orchestrated, hitherto cynical, minuet.The first and most important task may be everywherecoming the cynicism of so many lawyers in and out of government to whom concern for "fairness" in some manner printifies 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 strength and confidence in the merits of ones position, and it is usually those who fear the fairness of the fabrication who most fear outcomes based on merit. Recently, a controversy has erupted over whether Justice Department lawyers are bound by state codes of morals and analogous local federal court rules of practice. The issue stems from rules that restrict seize 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 ethical restraints in ways that would go far beyond issues of witness contact. Courts, thus far, have been unsympathetic to this government effort at biased exemption from the rules of ethics.