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Courtroom Process

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Courtroom Process

The criminal process can be complicated with its legal language, however; this is why there are lawyers who are the experts in the legal system. When a person is arrested the criminal justice process begins with the trial proceedings. After the determination that a crime has occurred, a series of events will begin with the First Appearance or Arraignment, Depositions, Pre-Trial Proceedings, Trial Procedure, Sentencing, and Restitution (Moreland, n.d.). The focus will be on the lawyers and the effects on the trial procedures. The trial procedure will discuss the prosecutorial discretion, attorney-client privileges, and judicial discretion.

Prosecutorial discretion is any prosecuting lawyer's power to choose whether or not to file criminal charges against a defendant as well as, which charges to file. However, the charges must be able to be justified in court with the proper evidence. Under the United States law a prosecuting lawyers' power to file charges is nearly unreviewable. This authority also helps an attorney's ability plea bargaining prior to a case being heard in court. This power makes prosecuting attorneys some of the most powerful of all public officials in the nation. The acceptance of prosecutorial discretion by the public is due to our nation's use of the adversarial system. The ability of prosecutors to plea bargain leads to cases being closed at a faster pace rather than holding court hearings and following the much slower process of a trial. This helps the court system to process cases at a faster pace and lessens the overall case load in the criminal court system. When the defense lawyer, and prosecutor are in agreement about whether or not the plaintiff should be punished, there is nothing for the courts to do and therefore the case is settled before going to trial (Lynch, 2012). Although, this might seem like a perfect system most state prosecutors have an overwhelming case load. There are many ways for a prosecutor to decide which cases take precedence over others. The most effective way to decide which cases require the most attention should be left for the prosecutor to decide based on several factors. The overall goal should be to ensure that the most challenging cases be presented before a judge. Attorneys' are not only responsible for prosecutorial discretion but they also have a responsibility to their clients.

The attorney- client privilege is the most complex and litigated privilege. Privilege is also the factual proof of legitimacy, which requires confidentiality that creates time consuming, and responsibilities for the judges and litigants. In addition, confidentially impose a superfluous requirement that leads to conflicting practices and decisions.

Lawyers and judges have forgotten the fundamental values of privilege. This has been a failure remembering the distinction between information, communication, and knowing that privilege only protects communications.

That has led to confusion how privilege is helpful to attorney's communicating with his or her clients; restrictions on the information communicated by the client to his or her attorney; not understanding pre-existing documents communicated by the client to his or her attorney, and incorrect decisions concerning drafts documents prepared for third parties.

Attorney- Client Privilege is a requirement in which the defendant attorneys cannot reveal his or her communications, conversations, and letters between him and her client, this requirement reveals that a defendant should be able to speak openly and honestly with his or her attorney without any future revelations, and fear (legal-dictionary, 2010).

Attorney- client privileges also are among the most potent rights available to the defendant, which allows the defendant to share any information with the defense attorney without inhibition.

During trial, interrogation, and deposition his or her attorney requirements are not to answer any questions, produce documents, which was part of the attorney- client contact, also the defendant do not have to produce any information.

Privilege is important to the court system because it is accurate, and it makes the process simple. The entire proponent has demonstrated under the legal definition that lawyer conversations of legal advice to his or her client are confidence (Rice, 2000).

Furthermore, privilege allows the defense attorney to present the best case for the defendant because he or she are informed better considering the structure of the criminal justice system, a good defense is the only way to have a fair trial. In this practice there are hidden dangers.

For example, The United States v. Bauer, Bauer had the prosecution involved in a bankruptcy petitioner for not reporting all his assets in the bankruptcy petition. Bauer withheld some of the information about his assets because he did not know he had to report all his assets. Bauer knowledge and intent became the focus of the trial.

To establish a misrepresentation, the defendant bankruptcy attorney had to testify that Bauer had been informed of his legal obligations to report all his property assets, and if he gives a false statement, perjury charges could be applied. Bauer, appeal his conviction, and claimed the trial judge violated his attorney- client privilege, and the ninth circuit court agrees with Bauer (Rice, 2000).

Confidentiality between clients, and the attorney was approved years ago when the oldest common law of privileges protects, and made attorneys and clients' communication confidential. It is widely codified, which the privilege is to ensure that clients feel safe communicating with him or her attorney. Communication

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