Negative Views of the Lawyers about Evidentiary Practice
The level of damages a jury may award in a trucking accident case involving serious bodily injury or death always depends on the fair presentation of the evidence heard by the triers of fact. It is essential for a lawyer to reduce any inherent bias many jurors have against trucking companies and the perceived adverse reputation of truck drivers. The best way to level the playing field for a fair trial is to humanize both the trucking company and the drivers, and to preclude as much evidence that may corroborate those biases. This will keep verdicts at a fair level and keep clients out of the appellate courts.
Having the defendant driver attend the entire trial allows the jury to put a human face on the trucking company as well as the driver himself in many instances. This, of course, depends on the type of appearance your driver makes and his demeanor. Many times a good plaintiff lawyer’s objective is to evoke sympathy for the injured party by vilifying the driver and truckers in general.
Justifications for Justice in Law and Practice
A sufficient or acceptable excuse or explanation made in court for an act that is otherwise unlawful; the showing of an adequate reason, in court, why a defendant committed the offense for which he or she is accused that would serve to relieve the defendant of liability. A legal excuse for the performance or nonperformance of a particular act that is the basis for exemption from guilt.
Where In a rational system of penal law, a close connection will exist between accepted theories of punishment and both the boundaries of the substantive criminal law and the procedures by which criminal guilt is determined. The justifications obviously touch on sentencing policies and the sorts of activities that should be made criminal (“criminalization” decisions), but they are much more pervasive.
As far as criminal procedure is concerned, a dominant theme is avoidance of conviction of the innocent. The system of determining guilt is thus responsive to a view that such convictions are very bad, a view that is shared by both retributivists and utilitarians. In addition, concern over comparative desert is evidenced by worry about the unfairness of executing those whose behavior has been no worse than that of many others who receive only prison sentences. This worry has led to judicial and legislative reform of procedures for imposing capital punishment and has strengthened support for abolition of that penalty.
People’s perception about Evidence
Here is evidence that perceptions of beauty are evolutionarily determined, that things, aspects of people and landscapes considered beautiful are typically found in situations likely to give enhanced survival of the perceiving human’s genes Most people assume everyone sees the world the same way. This can be expected because people are not able to compare what they see to what someone else sees (using language to describe visuals is inherently biased). This widely accepted assumption, however, is inaccurate. There is evidence that each person’s perception of the world is different- if only in minor ways.
Problems Between Public prosecutor &other Administrative Authorities
The Criminal Procedure Code 1898 of Bangladesh is absolutely silent about the protection of victims and witness in Bangladesh. Besides no law relating to the protection of witnesses yet been enacted till today. In spite of the increasing rate of crimes in the country the legislators did not adopt any measures to protect the victims witnesses. It is necessary that we should take appropriate steps to this matter. Besides that building of effective system of witnesses and victims protection is impossible without respective organizational, resource, information and other types of this activity support. Organizations of state protection of criminal proceeding participants include conceptual matters of administrative nature, resource and information support of state protection; if the matters remain unresolved it will be impossible to bring the above into practice. These issues relate to formation and support of activity of special sub-units called upon to realization of security resources; organization of interaction of these sub-units and inquiry, investigation, public prosecution and court authorities; functioning of social and legal system of protection of criminal proceedings participants; set up of special funds for assistance to victims of unlawful acts and other problems of administrative level.
Their successful solution in many respects predetermines success of public defence of subjects of procedural criminal relations as a whole. Without implementation of the said provisions, without a due basis for protective activity with regard to participants of criminal proceedings there is no point to speak about effective operation of the system of their protection.
Communication gap between Lawyers & Parties
There is obviously a serious communication gap between lawyers and clients regarding fees. Many lawyers feel uncomfortable discussing fees and simply state their hourly rate or that they work on a contingency fee basis. Rarely do lawyers explain to clients the value of the service being provided. Clients will have far fewer complaints about high fees if they have a better understanding of what you are trying to accomplish and why it is necessary to do certain tasks. Always try to provide a budget and keep it up to date. Few things upset clients more with respect to fees than a monthly bill that has unanticipated fees on it. That should never occur if you are communicating properly with your clients. If something turns out to take longer than anticipated, clients should be informed at the time you are doing the work, not when the bill is sent out weeks later.