United States Court of Appeals for the Ninth Circuit’s Post

The lynchpin of the Magistrates' Court in England is a combination of several key roles and elements that ensure the effective administration of justice. These include: 1. **Lay Magistrates (Justices of the Peace)**: - These are volunteers from the community who do not need to have formal legal qualifications. They handle the majority of cases in Magistrates' Courts and are supported by legal advisors. Lay magistrates mainly deal with less severe criminal cases, family matters, and some civil cases. 2. **District Judges (Magistrates' Courts)**: - Previously known as Stipendiary Magistrates, District Judges are legally qualified, full-time judges who deal with more complex or serious matters in the Magistrates' Court. They can also preside over cases that require more legal expertise or where swift decisions are necessary. 3. **Legal Advisors (Court Clerks)**: - Legally qualified professionals who provide crucial legal guidance to lay magistrates. They ensure that proceedings are carried out fairly and in accordance with the law. They do not make decisions but advise on legal points during a trial. 4. **Support Staff**: - This includes administrative staff who ensure the smooth running of court proceedings, manage case files, and handle day-to-day operations. Their support is essential for the efficiency and organization of the court. 5. **Prosecutors and Defence Lawyers**: - Prosecutors, often from the Crown Prosecution Service (CPS), present the case against the defendant. Defence lawyers represent the accused, ensuring their right to a fair trial and providing legal defense. 6. **Court Security and Ushers**: - These individuals help maintain order within the court, assist in the smooth flow of cases, and ensure that everyone involved in the proceedings is present and informed.

They uphold the rule of law and seek justice for the victims. However, their unwielded power can undermine the criminal justice system and violate individual rights. They are the prosecutors. The prosecutorial system in the United States is a vital component of the legal system. Prosecutors (district or state attorneys) represent the government by collecting and evaluating evidence, filing criminal charges against perpetrators, and presenting criminal cases in court. In today’s post, I’d like to draw parallels between the prosecutorial systems in the United States and Bosnia and Herzegovina (my home country). ▪ Structure In the United States, the Department of Justice is in charge of multiple Attorneys’ Offices prosecuting crimes at the federal level, each responsible for specific regions. At the state and local levels, district attorneys (elected or appointed) prosecute criminal offenders in their respective jurisdictions. In Bosnia, the Prosecutor’s Office is at the top of the hierarchy, prosecuting specific (the most severe) criminal offenses on the entire territory. District prosecutor’s offices are responsible for pursuing criminal cases in their respective districts. I have worked in the prosecution for eight years at the district and the state level. The system in post-war Bosnia is designed using the US example as a model. ▪ Challenges Prosecutorial systems in both countries face challenges and criticisms. 1. Lack of Transparency The main criticism of prosecutorial systems worldwide is the lack of transparency. The US and Bosnian systems face the same challenges. On the one hand, the nature of prosecutorial work requires confidentiality and secrecy. On the other, some aspects of the investigation should be subject to public scrutiny. 2. Prosecutorial Discretion Prosecutors in both countries have significant discretion. However, the US state attorneys’ discretion goes much further. In Bosnia, prosecutors are legally obliged to cease an investigation or to indict the perpetrator, depending on the circumstances of the case and available evidence. 3. Overdependence on Plea Bargaining The Department of Justice’s Bureau of Justice Assistance statistics show that 90-95 percent of criminal cases end with plea agreements. Despite its practical aspects, overreliance on plea bargaining is seen as problematic from a constitutional point of view. Namely, the Sixth Amendment guarantees the right of all defendants to trial by an impartial jury. By contrast, in Bosnia, prosecutors rarely rely on plea agreements (the legal instrument adopted from the United States). Plea bargaining is reserved for less serious charges, resulting in mild sentences. The majority of cases, however, end in a trial (without a jury). 💡 How do you view prosecutors? Heroes of villains? Let’s chat! ⤵ _____________ If you find this post helpful, consider resharing it and following me, Bojan Pepic, for more content like this. DM me for collaboration.

I have long believed that those of us who work as in-house civil local government attorneys have the very best legal gigs around. Generally, lawyers who work in our sector enjoy what they do immensely, like their clients (most of the time), experience atypical longevity in the job, and have better work/life balance (whatever that is these days) than lawyers in virtually any other sector. I am convinced that we're the best kept secret in the practice of law. Which is why I seize every opportunity to let folks know we're out here, and that there are opportunities to explore . . . Like, THIS amazing opportunity--the City of Concord, NC is hiring for a new Assistant City Attorney. I can vouch personally for the AWESOMENESS of the City Attorney to whom the successful candidate would report. City Attorney VaLerie Kolczynski has served as the chief legal officer for Concord for nearly a decade and has worked in that office since 2006. She's the incoming President for the North Carolina Association of Municipal Attorneys and is highly regarded by her peers from around the state as an expert in municipal law (and just a fabulous human). As for the organization--Concord, NC is one of the fastest-growing cities in the state, with a population that nearly doubled between 2000 and 2022. There is A LOT going on in that City and a lot of interesting and challenging local government law to be practiced. This is an opportunity that shouldn't be missed by those interested in municipal law! Find out more here: https://lnkd.in/ekYyHbn8 #localgovernment #law #inhousecounsel #inhouselegal #cityattorney #municipalities #municipallaw #lawyers #legal #jobs #cityhall

The Legal Industry Will Have to Get Use To Fewer Lawyers The Spokesman Review recently published an article titled "Attorney shortage continues in courts around WA, with new proposals on the table." https://lnkd.in/ghJawq2r. The article highlights attorney recruitment shortfalls for Government jobs in Yakima County, specifically for public defenders and prosecuting attorneys. The article also quotes several sources that argue this is a problem across multiple counties in Washington state. This is not necessarily new because the Washington Bar News has been sounding the alarm for the last few years that rural counties are becoming "Legal Deserts." But the truth of the matter is the legal industry will have to get use to not having an over abundance of lawyers to fill positions, which is going to impact lawyer salaries and hourly rates for the foreseeable future. Data shows that the number of individuals taking and passing the Washington bar exam to obtain a law license has been on a steady decline since 2008. In 2008, 1049 individuals passed the Washington bar exam; in 2023, that number had fallen to 616 individuals. As would be expected, the number of active lawyers in Washington has started to decrease for the first time. Starting in 2021, there were 26,701 active lawyers. In 2022, that number had dropped to 26,428, and continued to fall in 2023 to 26,300. Washington has comfortably had approximately 3.5 lawyers per 1,000 residences for well over a decade; but in 2022, that ratio slightly dropped to 3.4. This generally comports with the rest of the country, with the number of active lawyers in the United States starting to decline in 2020. This trend will continue. According to the 2023 ABA Profile of Legal Profession, law school enrollment peaked in 2010 with 147,525 students enrolled in ABA approved law schools across the country. In 2022, there were only 116,723 individuals enrolled in ABA approved law schools. To put 2022 enrollment numbers in perspective, the last time law schools had that few of students enrolled was 1974. In addition, the U.S. Bureau of Labor Statistics predicts a 8% growth rate for lawyer positions over the next 10 years (exceeding the national average of 3%). Thus, the demand for lawyers will only increase while the number of individuals obtaining a law license will continue to decrease.

Cyber hack on business vic let court sort out for people making fake web dark web comapny in australia but number website on goodle making up damaging exiting genuince company in vic reputation ,cyber claire o need to short this out to ensure busienss safe not investigate properly busienss compromise oversea n damaging it All gov agencies involve need to investigate properly b4 crt full house penel of gov parliament royal inquiries public have to face on hacker ,fair work /ato /all four conner crt acting profesional when abuse or a use someone need evidences otherwise law n order pay back for abuse n accuse . Gov public trust need to be on and internal power use to harm communitites people busienss is shameful if working for gov as agencies harming communities n busienss it’s not good attitude mean you harm your own people after that

Should the case move forward to the next stage, the information arraignment, or be dismissed due to insufficient evidence? Unraveling the Mystery of Preliminary Hearings... A preliminary hearing is a critical stage in the legal process where the District Attorney (DA) presents evidence and witnesses to the alleged crime, allowing the judge to determine if there's enough evidence to proceed with a trial. During this hearing, the defense has a valuable opportunity to cross-examine witnesses and present their own witnesses, shedding light on different perspectives. It's a chance to challenge the prosecution's case and strengthen the defense strategy. By the end of the preliminary hearing, the judge carefully evaluates the evidence presented and makes a crucial decision: should the case move forward to the next stage, the information arraignment, or be dismissed due to insufficient evidence? ⚖️ This process serves as a safeguard, ensuring that defendants are not held for trial without sufficient grounds. It allows the public to witness firsthand how evidence is evaluated and the principles of justice at work. 👀🔍 You want to make sure that you get YOUR attorney (me!) involved WELL BEFORE this which is why I make it a priority to make it easy for clients and prospective clients to get in touch with me and have put the resources in place to make sure calls are always answered! Related Topics: lawyer in California criminal defense lawyer California attorney case evaluation legal help legal advice criminal defense attorney #lawfirm #lawyers #criminallaw #legaladvice #legalservices #criminaldefense #attorneys #californiacoast #empowering #prison #prisoner #jail #incarceration #incarcerated #convictions #juvenile #juveniles

“Justice Served: Delving into the High Court’s Dismissal of the Habeas Corpus Petition in a Family Dispute”- Delhi HC Click the link to read more: https://lnkd.in/grXnUUga Visit us : https://primelegal.in/ LawRato.com PathLegal Vidhikarya Legal Services LLP Prime Legal LegalKart Adv Anik Ayantika Mondal #law #lawfirm #lawyers #legal #legalnews #legalmarketing #SC #HC #attorney #lawstudents #Courts #judgment #advocate #lawinterns

My article, “An Ethos for Criminal Defense Lawyers,” Criminal Justice, Fall 2023 (38:3) was selected as one of the best articles published by the ABA in 2023.          Attached is the article as it originally appeared in the Fall issue of Criminal Justice. Those who actually read the article will see that I call for an increased level of sophistication in plea negotiations and sentencing, and an ethos of zealous advocacy AS GREAT as that provided by lawyers taking cases to trial.          Those tactics are not at the forefront of legal education, but I address them in chapter seven of my book, “Who Says You Can’t: Strategies and Tactics for Becoming a More Creative Criminal Defense Lawyer,” published last year by the NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS, www.nacdl.org/WhoSays (profits donated to the Foundation for Criminal Justice).          Unfortunately, my article fails to discuss the work of the greatest Sentencing Advocate of the 20th Century:  Clarence Darrow. Few lawyers today have studied his work so they are ignorant of some of the strategies he employed in fighting for his clients.             Darrow was most celebrated for his defense of Leopold and Loeb. In that case, Darrow waived trial, admitted that his clients were guilty, and in what is widely considered the finest closing argument ever presented by any lawyer before any judge, convinced the judge not to sentence Leopold and Loeb to death.          But Darrow didn’t just give a moving argument. The state put on 102 witnesses. Darrow presented the testimony of two psychiatrists, an endocrinologist, and a neurologist. His co-counsel fought back the prosecutors’ effort to convince the judge that as gatekeeper he should exclude psychiatric testimony because Darrow had not raised an insanity defense. But the court denied the prosecutor’s objections, and Darrow offered the very kind of scientific evidence lawyers go to NACDL seminars to learn about. Unlike most closing arguments of that era, Darrow’s plea was so clear and devoid of bombast, it could be presented to a judge or jury even today.          We can learn much today from those who invented the wheel. The first chapter in “Who Says You Can’t…” is about the closing argument by John Adams in the Boston Massacre Trial. That trial was as modern as any trial today given the level of technology available. Adams’s argument was so skillful in its appeal to the jurors’ own experiences, and their understanding of human nature, and the purpose of the law in maintaining an ordered society, that it should be taught as a model in trial advocacy seminars.   Darrow’s argument on behalf of Leopold and Loeb, and Adams’s argument on behalf of the British soldiers, demonstrate that we must be prepared to be trial lawyers or sentencing-trial lawyers as the interests of our clients demand, but that either role requires the same ethos of zealous advocacy and the education to get there.          

In a world where legal complexities can instantly disrupt lives, the role of a skilled criminal defense lawyer becomes paramount. The stakes are high when facing criminal charges, making having an experienced advocate by your side essential. Understanding the nuances of criminal law not only aids in safeguarding personal freedoms but also upholds the justice system. Criminal defense lawyers play a critical role in navigating the intricate legal landscape. They evaluate evidence, formulate effective strategies, and represent clients in the courtroom. Their expertise extends to questioning expert witnesses, aiming to strengthen their clients’ cases and ensure a fair trial. These processes are essential for anyone facing criminal accusations and highlight the significance of competent legal representation. As you consider hiring a criminal defense attorney in Chicago, weighing various factors such as experience, legal fees, and the distinctions among law firms is crucial. This article will help you understand the role of criminal defense lawyers, the essential steps in choosing the right attorney, and, ultimately, how to protect your rights in a challenging legal environment. Role And Responsibilities Of A Criminal Lawyer A criminal lawyer, also known as a criminal defense attorney in Chicago, represents individuals accused of committing criminal offenses. Their primary role is to protect the defendant’s constitutional rights throughout the criminal justice process. From handling cases involving violent crimes, sex crimes, and white-collar crimes to felony charges, they navigate the complexities of the Cook County criminal courts to advocate on behalf of their clients. These attorneys analyze the circumstances surrounding the criminal charges and develop a robust defense strategy. Their responsibilities include investigating the case, interviewing witnesses, and gathering evidence. Moreover, a criminal lawyer aims to educate clients about the legal process, potential penalties, and all possible outcomes, including the ramifications of a criminal conviction. Given the harsh penalties associated with many criminal offenses, such as substantial prison time or severe fines, the role of a criminal defense lawyer is crucial in protecting clients against unwarranted felony convictions and ensuring that the criminal process is conducted fairly. They are dedicated to achieving the most favorable outcome, whether negotiating plea agreements, presenting evidence to create reasonable doubt, or ensuring a fair trial.

🔒 Navigating Criminal Proceedings: The Importance of Early Legal Counsel 🔒 In the realm of criminal defense practice, one of the recurring challenges is the reluctance and scarcity of individuals seeking quality legal guidance at the onset of potential criminal prosecution or during the tumultuous period of arrest. It is a regrettable reality that many individuals, for various societal or financial reasons, refrain from engaging legal advisors who can provide crucial strategic counsel and steadfast support throughout legal proceedings. This reluctance often stems from misconceptions or the misconception that legal intervention is either unnecessary or unaffordable. In my experience, I've encountered numerous cases where delayed legal representation has resulted in severe setbacks for the accused. These setbacks not only impede the defense but also prolong the judicial process, sometimes leading to extended periods of incarceration. In a recent case, a client approached us only after significant legal missteps had already occurred, complicating their defense strategy. However, with our preemptive intervention and strategic planning, we were able to secure their discharge from criminal charges swiftly and ensure a smoother bail process. This case underscores the critical importance of early legal counsel in safeguarding one's rights and navigating the complexities of the criminal justice system effectively. It's imperative to recognize that engaging competent legal counsel early on is not only a prudent investment but often a decisive factor in securing a favourable outcome. The best legal minds meticulously strategize from the outset, laying the groundwork for a robust defense tailored to the unique circumstances of each case. While I understand the challenges, particularly in pro bono cases where access to quality legal representation is limited, it's disheartening to witness individuals with resources repeating the same mistakes. By proactively seeking legal advice, individuals can mitigate risks, protect their rights, and ensure a more favourable trajectory in their legal proceedings. Individuals facing potential criminal prosecution or arrest should prioritize seeking early legal counsel. By doing so, they not only empower themselves but also set the stage for a stronger defense and a more expedient resolution of their legal matters. #CriminalDefense #LegalCounsel #MumbaiLawyers #StrategicDefense #JusticeMatters #LegalAdvice #RightsProtection #JudicialProcess #LegalRepresentation #FairTrial #CriminalJustice #LegalSystem