This topic contains a solution. Click here to go to the answer

Author Question: The standard of proof in juvenile court proceedings where a juvenile's loss of freedom is a ... (Read 43 times)

CBme

  • Hero Member
  • *****
  • Posts: 548
The standard of proof in juvenile court proceedings where a juvenile's loss of freedom is a possibility is:
 
  a. clear and convincing evidence.
  b. weighty evidence.
  c. preponderance of the evidence.
  d. proof beyond a reasonable doubt.

Question 2

Did the trial judge abuse his discretion by appointing lawyers who were fired by the defendant as his standby counsel when he represented himself pro se?
 
  Marco Allen Chapman pled guilty to murder and volunteered for the death penalty after firing his attorneys. He was allowed to represent himself after the trial court held a hearing and ruled that Chapman was competent to fire his attorneys, to plead guilty, and to seek death. Over the objections of both Chapman and his former attorneys, the trial court appointed the same attorneys Chapman fired to act as his standby counsel. Chapman alleged a communication breakdown and irreconcilable differences between him and his attorneys but in fact they continued to confer. Chapman was sentenced to death.
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

trampas

  • Sr. Member
  • ****
  • Posts: 320
Answer to Question 1

d

Answer to Question 2

NO

The distinct advantage in appointing recently-fired attorneys includes familiarity with the case, allowing the case to go forward quickly and easily if Chapman later withdrew his request to proceed pro se. Appointing fresh counsel who were not familiar with the facts and circumstances of the already two-year old case would likely have led to a continuance. This may have frustrated Chapman's stated aim of being sentenced to death simply and quickly. Moreover, a defendant is not entitled to a specific court-appointed counsel of his own choosing. Chapman's standby counsel had moral and legal objections to Chapman's goal. Although Kentucky court rules permit an attorney to withdraw from representing a client if the client pursues an objective that the attorney considers repugnant or imprudent,the Kentucky Supreme Court has held that a judge can override such desire to withdraw. The court rules also state that an attorney must defer to the client's choice of whether to plead guilty and that such representation does not constitute an endorsement of that client's social or moral viewpoint. Also, the lawyers in this case were not required to continue as Chapman's actual counsel of recordrather, they were required to function in the limited role of standby counsel. The alleged communication breakdown in fact did not occur. Appointing a recently-fired attorney to act as a defendant's standby counsel may not be wise or proper in all cases, but a trial court possesses inherent authority to appoint standby counsel for a pro se defendant over the objections of defendant and counsel.




CBme

  • Member
  • Posts: 548
Reply 2 on: Aug 17, 2018
Thanks for the timely response, appreciate it


jamesnevil303

  • Member
  • Posts: 337
Reply 3 on: Yesterday
Great answer, keep it coming :)

 

Did you know?

Russia has the highest death rate from cardiovascular disease followed by the Ukraine, Romania, Hungary, and Poland.

Did you know?

Illness; diuretics; laxative abuse; hot weather; exercise; sweating; caffeine; alcoholic beverages; starvation diets; inadequate carbohydrate consumption; and diets high in protein, salt, or fiber can cause people to become dehydrated.

Did you know?

A seasonal flu vaccine is the best way to reduce the chances you will get seasonal influenza and spread it to others.

Did you know?

During the twentieth century, a variant of the metric system was used in Russia and France in which the base unit of mass was the tonne. Instead of kilograms, this system used millitonnes (mt).

Did you know?

Hippocrates noted that blood separates into four differently colored liquids when removed from the body and examined: a pure red liquid mixed with white liquid material with a yellow-colored froth at the top and a black substance that settles underneath; he named these the four humors (for blood, phlegm, yellow bile, and black bile).

For a complete list of videos, visit our video library