Paralegal Power Breaks are ideal for entry level to seasoned paralegals. These short information packed sessions provide a convenient and useful method for paralegals to learn new concepts, improve on various legal processes, and interact with other paralegals in different locations. They are provided in order to assist with paralegal career development. The sessions are short, concise, and packed with useful information and resources that can be immediately put to use.
The following topics are covered in these short information packed sessions:
Although criminal procedure follows many of the patterns of civil procedure, there are major differences between them, largely because of the special provisions of the U.S. Constitution (which are usually echoed in state constitutions). The Constitution, and especially the first 10 amendments (the Bill of Rights), expresses a basic code of criminal procedure by enumerating rights of citizens against government intrusion and rights of those accused of crimes. The provisions of the Constitution have been subjected to intense scrutiny by state and federal courts, particularly since the 1950s. Criminal procedure cannot be understood without reference to these rights.
The following topics are covered in this on-line session:
To learn more about Criminal Procedure purchase the text Foundations of Law: Cases, Commentary and Ethics, 6th Edition from Cengage Learning. Paralegal Power Breaks are short information packed sessions that provide useful career information to paralegals at all career levels.
Procedural law is the oil that greases the legal machine. No area of law has more theoretical or practical importance. From a theoretical perspective, procedural law informs us about the basic premises of the legal system itself. The adversarial premise of the American legal system maintains that our system is based on competition and that individuals act in their own self-interest and cannot be trusted unless their power positions are equalized by a disinterested and perhaps indifferent tribunal. The fact that we preserve the jury system suggests that we do not even trust the impartiality of our judges. The rules that exclude evidence suggest that we do not trust the capacity of juries to sift good evidence from bad.
The theoretical premise at the heart of our procedure is thus: if the means by which conflict in society is resolved are fair and equal, justice will, on the whole, be achieved. Acceptance of this premise is a virtual catechism of lawyers. When criminal defense attorneys are asked, “Would you defend a guilty person? Would you help a guilty person be acquitted and go free?,” the answer is usually the same: “Every person is entitled to competent legal representation; it is not for the attorney to judge; it is the job of the prosecution to prove guilt beyond a reasonable doubt.” This response can be understood only in the context of a system that places procedure on a pedestal.
The following topics are covered in this session: