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Pages:
2 pages/≈550 words
Sources:
Level:
APA
Subject:
Literature & Language
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 7.2
Topic:
Parole (Essay Sample)
Instructions:
memo outlining all of the possible civil liberties issues contained in the scenario and how each item is likely to be adjudicated
source..Content:
Parole
Name
Institution
Parole
This is a memorandum outlining some of the civil liberty issues related to my client. Following the activities of the police and the criminal process procedure that has seen my client sentenced to life imprisonment, I would like to point out the following. According to the fourth Amendment, the police are only supposed to break the door when the owner of the house or premise refuses to open the door (The Independence Hall Association, 2014). My client’s case is where the police forced their way into my client’s house when lying in bed. Another issue of importance is the irrelevance of the warrant (The Independence Hall Association, 2014).
The police had a warrant to search the home for drugs. The search warrant was also limited to the home, and was not inclusive of the unattached garden that the police went ahead to search. They found an unregistered firearm and assumed my client was responsible for hiding it.
I would like to point out that my client has a right to a fair trial and all these activities only provide evidence for a defence lawyer to be suspicious of his client’s conviction.
My client has a right to fair trial. Article six provides that everybody has a right to fair trial. This constitutes the right to be promptly informed about the charges in a language that the accused can understand, the right to defend oneself in person or through a lawyer of the accused choice, the right to enough facilities and time to plan a defence, the right to have a lawyer if they are not able to afford, and the right to question the witness just as the defence would do (Crossman & Russell, 2008). In this case, the witness is anonymous. It is because of this that I point out the threat of this anonymity to my client’s fair trial. Considering the previous actions of the police, that is, having an irrelevant warrant, confiscating an unregistered firearm, which they never came from, and looking for it in a place which was not even included in the warrant. It only raises doubt about the witness being anonymous.
Witness anonymity does not give the lawyer a chance to properly assess his or her credibility and background. The defence cannot be able to find out the truth about the statements the witness may talk about. The witness may for example say that he or she...
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