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Course Work - Coursework Example

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A paralegal must be qualified by education, training or work experience to work as such and perform the duties expected of such a profession. In cases where the lawyer is not present, it is the duty of…
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Course Work
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Download file to see previous pages Due to this reason, it becomes paramount for a paralegal working in a criminal law firm to be versed in various legal doctrines associated with criminal law. One of these doctrines is the doctrine of disclosure.
In criminal trial, the prosecution is under a duty to disclose all material evidence that it intends to use in the trial of the defendant to aid in the defense. The defendant is supposed to be provided with evidence that is with the prosecution, even though, the defendant will not use it as long as it will help in the defense. To disclose entails the process through which the defendant can find out about the prosecution’s case. It can be through getting the statements made by the prosecution witness as well as examining the evidence of the prosecution. The doctrine of disclosure was developed in the case of Brady vs. Maryland [1963] which is commonly referred to as the Brady rule. The Brady rule asserts that a prosecution is not to suppress evidence upon the request by the accused as this goes against the due process. In addition, the defendant in a criminal case is required to outline the certain evidence to be used in the defense. Within the law firm, it is upon the paralegal to ensure that the doctrine of disclosure works effectively. This is due to a paralegal’s task of drafting documents as well as interviewing clients. A paralegal should, therefore, ensure that the rules of disclosure have been followed since they are carried out administrative work in a law firm (Emanuel, 2007).
Qn2: A search warrant is a court order issued by a magistrate or a judge to a legal enforcement officer directing them to conduct a search to a person, a vehicle or a location for purposes of finding evidence in a criminal suit. When any evidence is found in conducting the search, the police officer is required to confiscate it. A search incidental to arrest does not require an issuance of the warrant. A law enforcement officer does not ...Download file to see next pagesRead More
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