Our Criminal Courts - The Role of Defense Counsel

By Jeffrey Caminsky Imagine yourself as a young adult, pulled from friends and family and called upon to defend your country in a foreign land. One day, while on guard duty with your platoon, youre suddenly surrounded by a group of hostile, threatening peoplea jeering, taunting mob, probably armed, and stirred to anger by faceless voices in the darkness calling on them to fire. A shot rings outyour platoon returns fireand the next day, youre hauled into court and charged with murder. Your case is set for trial, and the only jury around is made up of the very same mob that was threatening you the night before. The Critical Role of Defense Counsel
Defense lawyers are called upon by our system of justice for a variety of tasks. They explain to their clients what is happening, and make sure that each defendant knows his rights, and is fully aware of what is happening. As defense counsel, the lawyer is charged with protecting those rights, and ensuring that the client receives the protections afforded to every citizen by our laws. The lawyer will take over dealing with the prosecution, call and examine any witnesses in court, and do everything the law allows to keep his client from harmor, at the least, to minimize the damage. This means challenging the prosecutions case, its conduct, and on occasion, the very laws that govern the case. We often take these protections for granted, or scoff at them as mere technicalities that do little but allow criminals to escape justice. It is easy, and often tempting, to dismiss defense lawyers (and, for that matter, all lawyers) as professional hacks, whose only function is to confuse juries and confound courts. And sometimes, when defending people who are clearly guilty, it may seem that defense lawyers are a needless extravagance, who only get in the way of protecting people from the worst elements of society. But just as crimes come in a variety of shapes and sizes, criminals are often indistinguishable from the ordinary citizen, a fact that some of us only come to realize when we find ourselves seated at the defendants table, with fingers pointing at us. It is then that we realize just how critical a vigorous and independent defense bar is to a free societyallowing ordinary citizens to challenge the actions of their own government. Viewed in this light, the bedrock of American liberty is our right to use the rules we have all agreed to live by to defend ourselves in a public setting, where the actions of the same government that seeks to condemn us must prove that we have broken the law. Defense lawyers dont exist just to make everyone elses life difficult. And their job is a critical, if often misunderstood safeguard against tyranny. Just imagine what would happen if the government could decide whom to jailwithout the messiness of subjecting their actions to the test of law. The freedom of all of us would be in the hands of government bureaucratspeople, like all others, who have their likes, dislikes, biases, and petty grievances. A Safeguard of Liberty
In large measure, the law exists to protect us from bullies. But without the means of challenging the actions of our own government, there would be little protection for the common citizen against a bully who happened to wear a policemans badge, or a prosecutors suit, or who happened to enjoy the friendship of someone for whom justice means doing right by his friends. And if you should ever find yourself on the wrong end of action taken by the government, you will find that the ability to resort to the law to defend yourself will be critical. Among the first casualties of Nazi Germany and Stalinist Russia was the independence of the courts and the legal profession. Once those bulwarks against tyranny fell, there was nothing to protect common people against the unbridled assertion of governmental powerno matter how misguided, petty, or malevolent it might prove to be. But it is the rare government that will attack its own citizens directly: instead, the attacks come against marginal groups, ones that nobody would rise to defend, and who seem to everyone to be a threat to the security of the state. Unfortunately, those threats never seemed to end; and so the knocks on doors of enemies of the state continued, as the government kept finding new enemies to fight, and new threats to fear. The example cited at the beginning is from one of the most famous confrontations in American Historytold from the side of the defendant, rather than the victim. It was the Boston Massacre, which arose at a time of growing tensions between the Colonies and Great Britain. The encounter between soldiers and the angry mob led to shotsnobody knows for sure who fired the first one, although some testimony indicated that it was a terrified British soldierand in a country without a strong defense bar, the young soldiers would likely have been swiftly taken out and hung, if not by the Law, then by the mob itself. Thanks to a courageous Boston attorney, the defendants received a fair trial and most were acquitted on grounds of self-defense, the sentiments of the mob notwithstanding. A couple were convicted of the lesser charge of manslaughter and releasedthe proper verdict when emotions and provocations dont quite excuse a homicide, but make it less an outrage and more a fallible human reaction to extreme stress. The defense lawyer was a prominent member of the state bar, who later served his country in a variety of waysstatesman, ambassador, signer of the Declaration of Independence, and the second president of the new United States. It was John Adams...patriot and rebel, for the defense. Jeffrey Caminsky, a veteran public prosecutor in Michigan, specializes in the appellate practice of criminal law and writes on a wide range of topics. Both his science fiction adventure novel The Star Dancers, the first volume in the Guardians of Peace (tm) science fiction adventure series, and The Referees Survival Guide, a book on soccer officiating, are published by New Alexandria Press, http://www.newalexandriapress.com. Article Source: http://EzineArticles.com/?expert=Jeffrey_Caminsky http://EzineArticles.com/?Our-Criminal-Courts---The-Role-of-Defense-Counsel&id=487513 including payday loans in chapter 13
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I've Never Hired a Lawyer - Is Now the Time?

By Jay Trucks First lets make a distinction between: Talking to a lawyer, and Hiring a lawyer People consult lawyers all the time for a host of reasons. If youre thinking you might need to hire one, the first thing to do is talk to some. Set up some initial consultations, which are often free of charge, to see if that lawyer is the right one for you. If the consultation is not free of charge, consider whether it might be money well spent for the information you could learn. Law is a complex thing with many exceptions, obscurities, unique details etc. Only a lawyer with experience in the field that concerns you can give you the facts and guidance you may need. Interview some lawyers If you make 3 or 4 appointments with possible lawyers, present your situation to them, and listen to their responses, you will probably know by the end of that whether you need to hire one. And youll know whether one of those 3 or 4 will be the right one. In getting ready for those initial consultations, youll need to think about your situation. One of the first things to ask yourself is: Whats at stake here? Pros and Cons Try making two columns on a piece of paper. Why I need a lawyer Why maybe I dont need one Write down all the ideas that occur to you as to what you might gain by hiring an attorney, and what you might lose by it. Dont censor yourself, just write down all the thoughts that come to you, both pro and con. Its a good way to clear the mind and get a better focus on whats really important and whats perhaps just some temporary bee in your bonnet. Beware the statute of limitations If youve been harmed in some way and feel you should be paid compensation, be aware that theres almost certainly a time limit for you to file a claim. From the date of your injury (whether physical, financial, or whatever kind of injury), theres a clock ticking off the days and weeks during which you may file for redress. It may be several years, or in some instances may be only several weeks. At any rate, this is a good first question to ask a lawyer when you have an initial consultation. The answer will give you an idea of how quickly you must proceed in filing any claim. Remember too that if you do hire a lawyer, time will be required for him or her to gather information and prepare a lawsuit for you. This preparation must all be done within the statute of limitations. Financial considerations Like all professional services, those of a lawyer cost money. If that gives you pause, follow your thoughts on the subject. How much money is at stake in your situation? What exactly would a given lawyer charge you? Would you be paying fees as things progress? Would it be a percentage of any compensation you might be awarded? Whats the comparison between what the lawyer might cost and what you might receive? While these are all questions to ask yourself, you wont necessarily be able to answer them, and theyre all questions you can ask each lawyer you interview. Alternatives to hiring an attorney Many community groups (e.g., civil rights groups, elder groups) offer free legal advice Many businesses use mediation or arbitration to resolve disputes Many industries are regulated, so you could talk to someone at the state regulatory agency Depending on what your situation is, these resources may fill your need, or may give you missing pieces of information that help you make a decision on hiring a lawyer. Do you want legal defense or compensation for an injury? Most lawyers specialize in certain fields. By asking around among your friends, neighbors, co-workers etc., you could learn the names of law firms who specialize in the type of law relevant to your situation. If you do hire a lawyer, youll want one who has extensive experience in the type of legal work you need. For example, if youve been hurt in a car accident, you wont want to hire a lawyer who specializes in insurance defense, because that mindset is diametrically opposed to the mindset youll want in your personal injury lawyer. Whatever you situation is, take some time to think things through, but not too much time before having some initial consultations, because of that statute of limitations. Once that time limit is up, therell be no recourse at all for you. If you or someone you know is interested in consulting a personal injury lawyer, please feel free to contact Jay Trucks personal injury attorney of Clare, Michigan. (http://www.jtrucks.com) Article Source: http://EzineArticles.com/?expert=Jay_Trucks http://EzineArticles.com/?Ive-Never-Hired-a-Lawyer---Is-Now-the-Time?&id=209891 cash advance one hour
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Low-Carb Diet - Should I or Shouldn't I?

By James Ellison It's no wonder that confusion reigns when it comes to the worth and reliability of low-carb diets after all the conflicting studies and confusing interpretation of the information. It seems like debates are popping up everywhere! No matter if it's Atkins, South Beach or some other low-carb plan, there are approximately 30 million Americans are on a low-carb diet. Supporters contend that the large amount of carbohydrates in our diet has led to increased problems with obesity, diabetes, and other health situations. On the other hand, some attribute obesity and related health problems to over eating of calories and lack of physical activity. They also express concern that without grains, fruits, and vegetables in low-carbohydrate diets may lead to deficiencies of some key nutrients, including vitamin C, fiber, folic acid, and many minerals. It is already known that any diet, whether high or low in carbohydrates, can produce meaningful weight loss during the early stages of the diet. Keep in mind, the key to a diet being successful is in being able to lose the weight on a permanent basis. Let's see if we can expose some of the mystery about low-carb diets. Following, is a listing of some related points taken from recent studies and scientific literature. Point 1 - Some Differences Between Low-Carb Diets There are many famous diets created to lower carbohydrate consumption. Lowering total carbohydrates in the diet means that protein and fat will take up a proportionately greater amount of the total caloric intake. Low carbohydrate diet like the Atkins Diet restrict carbohydrate to a point where the body becomes ketogenic (a high-fat, low-carbohydrate diet that includes normal amounts of protein). Other low-carb diets like the Zone and Life Without Bread are less confined. Some, like Sugar Busters announce only
to eliminate sugars and foods that elevate blood sugar levels excessively. Point 2 - What We Know about Low-Carb Diets +Close to all of the studies to date have been small with a diversity of research objectives.
Carbohydrate, caloric intake, diet duration and participant characteristics are wide-ranged greatly. Most of the studies to date have two things in common, none of the research studies had people in the study with a average age over 53 and none of the controlled studies lasted more than 90 days. +The results on older adults and long-term results are scarce. Many diet studies fail to keep track of the amount of exercise, and therefore caloric use, while people in the study are dieting. This helps to explain the variances between studies. +If you lose weight on a low-carb diet it is a function of the calorie intake and length of the diet, and not with reduced amount of carbohydrates. +There is very little evidence on the long-range safety of low-carb diets. Even though the medical community has concerns, no short-term bad effects have been found with cholesterol, glucose, insulin and blood-pressure levels among the people in the study on the diets. Because of the short period of the studies the adverse effects may not show up. Losing weight typically leads to improvement in these levels, and this may offset an increase caused by a high fat diet. The over-all weight changes for low-carb and other types of diets are similar. +Most low-carb diets can cause ketosis. Nausea, vomiting, abdominal pain, and confusion are some of the potential consequences. When first starting a low-carb diet some fatigue and constipation may be met and these symptoms usually disappear quickly. +Some report that you can have more calories when on a low-carb diet. Remember a calorie is a calorie no matter what you intake. When the study is not closely supervised variations will result by people cheating in the study on many factors of the study. There are three important factors I would like to re-emphasize: 1.- The over-all success rate for low-carb and other types of diets are similar. 2.- Small amount of information exists on the long-term efficacy and safety of low-carb diets despite their huge popularity, 3.- Dieters usually experience boredom with a strict version of the low-carb diet and are not able to stay on diets of low carb food. After observing the subject, a more severe and controlled study are needed on a long-range basis. The ketosis produced is abnormal and stressful metabolic state. The results may cause more problems than it solved. By picking a reliable diet you will benefit over a lifetime of proper eating and not a weight loss quickie.
An excellent rule of thumb is look at the diet long-range and see if you can see yourself still on that diet after a couple of weeks. However, by following a diet with fat, carbohydrates, protein and other nutrients in moderation may be the best way to go and a little more exercise won't hurt either. Jim has been interested in health factors for most of his life. Most of his knowledge is from investigating the many faucets for a healthy being. You can learn more of low carb dieting by visiting:
http://www.low-carb-dieting-secrets.com Article Source: http://EzineArticles.com/?expert=James_Ellison http://EzineArticles.com/?Low-Carb-Diet---Should-I-or-Shouldnt-I?&id=70389 bad credit personal secured loans
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Ladies, I Have Good News For You! You Don't Have To Diet

By Ellen Miller We all know that if it sounds too good to be true, it usually is; "usually" is the operative word. There is an exception that proves the rule. Are you aging like a fine wine, but wish you had a smaller bottle? Isometric Exercise is for you. Age is not an issue. Combined with the proper breathing technique, you can start losing inches in your first week, while still enjoying your favorite foods within reason. Simply speaking, Isometric Exercise consists of tension increasing muscle contractions, without having to increase muscle length, resulting in less stress. Then there is breathing. Proper exercise breathing provides a steady flow of oxygen to all parts or your body, enriching your system. Sounds simple? It is. The beauty of Isometric Weight Loss Exercise is that it takes only ten to fifteen minutes a day; combined with a slow, rhythmic breathing technique practiced as few as five times a day. And the best part is you can learn all of this in the privacy of your own home with a convenient exercise DVD. If needed, you can always seek the advice of an expert personal trainer. Isometric Weight Loss Exercise is great for those in middle age, and well beyond, who have been searching for a simple, effective way of dropping anywhere from 30 pounds to over one hundred. Do you want to start losing inches and pounds in the first week? Does your hectic professional or personal lifestyle prevent you from working out on a regular basis? Do you want to avoid the soreness that comes with the over-hyped "burn," concept? Perhaps you have physical limitations that frustrate you? Isometric Exercise is the solution. Truly, you can sit and get fit. Most of the exercises can be done in a chair, lying on the floor, or standing. If standing is an issue, the exercises can be adapted to meet your specific requirements. Let's back up for a moment. Whether advised by an expensive personal trainer, or merely educated by the myriad "infomercials" that are unavoidable when you can't sleep, there is not doubt that the basics of re-forming yourself lie in proper nutrition; aerobics, (literally increasing oxygen in your system), and the triumvirate of stretching, exercise and strength training. These factors are essential to achieving you goal. The fallacy is that it takes hours of work, fancy equipment, deadly dull diets or brutal drill instructors to get you fit. Isometric Exercise is done in the privacy of your home; you need no expensive equipment, no calorie counting, no one barking at you. With an exercise DVD you can safely and privately learn the easily understood techniques. Then play some music that inspires you, and start on the simplest, most effective program to see yourself the way you want to be. In far less time than you have spent worrying about it, you will see results; and so will everyone else. Owner of IsoBreathing Inc. and creator of IsoBreathing(R) Ellen has been teaching life style and fitness over 20 years and is a certified fitness practitioner and personal trainer. Find out about Isometric Exercise, Weight Loss Exercise or buy her Exercise DVD - visit http://www.isobreathing.com Article Source: http://EzineArticles.com/?expert=Ellen_Miller http://EzineArticles.com/?Ladies,-I-Have-Good-News-For-You!-You-Dont-Have-To-Diet&id=427906 federal payday calendar 2008
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