Wednesday, July 29, 2009

What I think of the legal system

I feel that the legal system is fair and flawed. One of the things that I like about the legal system is that it is broken down into a legislative, executive and judicial branch of government. The legislative branch consists of elected officials who have the responsibility for passing the laws that represent the people, the executive branch ensures that all enacted legislation is enforced and the judicial branch determines if there have been violations of the law. “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish” (Essentials of Business law, Anthony L. Liuzzo, J.D., PH.D. page 9)
The judicial branch allows for different levels of courts. At the federal level there are district, appeals and supreme courts. At the state level there are trial, appeals and supreme courts. At the local level there are municipal, justice of the peace and magistrate courts. Each of these courts serves a purpose. The court system allows us to take our case all the way to the U.S. Supreme Court to allow us to have a just and fair trial.
I believe the legal system has failed when it comes to how we handle our criminals. Once criminals are jailed they do not stand a chance making back into the real world. The legal system needs to do a better job at reforming criminals. I feel that the jails are an animalistic society. Inside the jails there is survival of the fittest. There has got to be a way that we can reform criminals so that they can make it back into society without ever wanting to commit another crime. We also need to somehow find a way to get criminals back into society so we can eliminate overcrowding in our jails.

Wednesday, July 22, 2009

MySpace Hoax Week 2

The Movie Absence of Malice and the MySpace hoax case can be compared in several ways. One way is that in both these cases individual lives were tampered with. Lori Drew and her daughter tampered with the life of the 13 year old girl Megan in the MySpace hoax and the DA and newspaper tampered with Michael Gallagher’s life in Absence of Malice. In my opinion the party’s in both the Absence of Malice and the MySpace case were wrongfully accused according to the law.

I feel that in the movie Absence of Malice Gallagher’s character shouldn’t have been accused of something just so the D A could get information out of him. They should have gone straight to the source without allowing the reporter to leak the information. They should have realized prior to the reporter leaking the information that it could affect an innocent person’s life.

In the case of the MySpace hoax Lori Drew was wrongfully accused for the charges of accessing computers without authorization, because there was no law against it. However, there should be some kind of law in place that protects innocent people from such abuse as creating a false MySpace account to hurt another individual. In the aspect of morals Lori Drew and her younger daughter were wrong. They should have known that what they were doing was not morally correct. One of the problems with society today is that nobody thinks about the consequences, they only think about how things will pan out to better themselves. In the MySpace case the parents of the girl that hung herself could have monitored her time on the account better since she was under the legal age of 14 to have a MySpace account. The parent’s stated they did monitor the account. If they were monitoring the account they should have prevented their daughter from having a relationship on the MySpace page.

Wednesday, July 15, 2009

How I feel about Lawyers?

How do I really feel about lawyers? I have mixed feelings about lawyers. I feel that some can be ethical and moral and some are there to take advantage of our misfortunes. I personally have never had an experience with a lawyer for my own case but have dealt with one for a friend. The experience I had with dealing with this particular lawyer was a great one. I had to have my friend Shaun bailed out of jail after he was arrested for DUI. Some friends and I called this particular lawyer and within 8 hours he had my friend out of jail. This particular lawyer was there to take our call at 5:00am without hesitation. This lawyer did not even charge us that much to help us get bail posted.

I have heard of some cases with public defenders where the defender did not even remember the person’s name and they ended up with jail time. There was an incident that I heard once where a particular attorney who was known for injury cases took a murder case and then never showed up to the court appearance. I can just imagine that there has to be quite a few lawyers out there that use their knowledge of the law to take advantage of other people. There are no perfect people in this world. Actually, I feel that most people in the world are out for themselves is some way and that links into my notion that there are corrupt lawyers. I have told myself that I never want to be put in a position where I needed a lawyer because I wouldn’t want my fait o be put in the hands of another individual.