The Impact of Smartphones on the Judiciary

As the 21st century advances, and the rapid proliferation of technology such as smartphones continues to revolutionize everyday life, courtrooms and legal experts must prepare to deal with ever-changing social and legal landscapes. Certain technological advances represent more challenging obstacles than others, and the judicial system must remain both principled and flexible in order to adequately tackle the legal issues of tomorrow.

The advent and ensuing rapid spreading of smartphones throughout the developed world poses a series of worrying questions for legal experts. Political activist, defendants in criminal and civil cases, and legal scholars and actors have all made use of smartphones to further their agendas. Now more than ever, more efficient methods of communication and data-gathering stand to outperform more dated methods, potentially leaving the unprepared legal actor behind, and, worse, seriously disadvantaged in a court of law.

Smartphones have allowed both everyday actors and legal specialist to force conversations about previously uncomfortable topics, and permit extraordinarily intrusive methods of gathering data. Consider eyewitness testimony, which has long served as a bastion of evidence in both civil and criminal litigation. Once unreliable testimony, given from a witness present at or near the scene of a crime, is now often backed up with videos and pictures taken by said witness with their phone, often during or moments after a crime or dispute has taken place. Gone are the days of he-said she-said testimony, where one witness’ word is set against another, as more likely than not every word of, say, a domestic dispute can be recorded by the next-door neighbor.

Police departments throughout the United States in particular have come to experience this change firsthand, as instances of fatal shootings are recorded on smartphones, before being uploaded to social media within minutes of their occurrence. Officers under investigation who could once claim in a court of law that they acted under a potential threat to their livelihood may now be contested by video footage of fatal events. Not all of technology’s impacts are negative, however; those same law enforcement officials may be legally exonerated by footage recorded by their bodycams or dashcams, which are enjoying a renaissance of cost reduction and quality enhancement.

Politicians, too, now live in a world where their every action is under surveillance, and where each word they’ve spoken, or message they’ve sent, can be documented and presented in a court of law against them.

The implications of this phenomenon reach the greatest heights of American government; the 9th US Circuit Court of Appeals recently noted that the 45th president of the United States’ online tweets, sent from his smartphone, were used as evidence to rule against him in his administration’s appeal to lift an injunction on an executive order. As more and more political and judicial actors turn to their trusted digital devices to voice their opinions on the web, judges and lawyers will be waiting to pounce on potentially damning statements.
In preparing themselves for the digital renaissance which is already well underway, legal actors will need to formulate new statutes and strategies for dealing with data and potentially incriminating evidence posted in droves online.

Law firms would be wise to invest heavily in technological training for aged executives who may be unfamiliar with new advancements, while lawyers must be prepared to interfere with their client’s digital habits, should they have the potential to derail a case. With or without the consent of judicial experts, the digital revolution will continue to shake the foundations of our legal system for years to come.

source http://www.winterwoodlodge.com/the-impact-of-smartphones-on-the-judiciary/

Should The Death Penalty Be Abolished

A lot of debate exists pertaining to the effective of the death penalty as far as deterring potential felons is concerned, and whether it is humane or not. Criminology experts believe that the death penalty no longer deters criminals from engaging in felonies. Despite the surge in the number of executions across the world, this form of punishment seems to no longer make sense any more. Here is why the death penalty ought to be abolished.

Executions are Less Retributory Than Life Sentences

Through interactions with prisoners and former inmates, one thing that you will take note of is the fact that prison sentences are hard. Actually, prison sentences are regarded to be worse than death itself because inmates typically spend most of their time locked up in tiny cells and with little communication with the outside world. This is retributory enough since it makes an offender suffer for his/her crime. Subjecting someone to the hangman’s noose or a lethal injection isn’t retributory in any way.

The Insensible Nature of Death Penalty Litigation

Research indicates that the death penalty litigation costs taxpayers way more than trials seeking life sentences without parole. For instance, Colorado recently spent $3.5 million hearing evidence about death penalty cases. This is more to an average of $150,000 that the state would have spent if it didn’t have the death penalty.

The huge financial outlay involved arises from the fact that death penalty cases involve lengthy appeals that may take up to one thousand days. This means that a significant amount of courtroom resources will end up being used. State coffers are similarly stretched paying jurors, judges, and other judicial officers who are involved. This burdens the existing criminal justice system, which is already overstretched.

Death Penalties Punish Families Rather Than the Offenders

On average, the resolution of a death penalty case may take up to 25 years. This means that for a long time, family members will be entwined in the criminal justice system, something that greatly disrupts their life. If the accused is ultimately sent to the gallows, it is the family members and friends who are left to deal with the grief that accompanies the loss of a loved one. This means that rather than punishing an offender, the death penalty punishes his/her family, friends, and loved ones.

Uneven Application

Generally, death penalties are never evenly applied. For a start, only 19 states in the U.S do not use capital punishment. In states where capital punishment can be used, it is the decision of the prosecutor to decide whether or not to pursue a death sentence. Prosecution discretion ought to be wisely applied because otherwise, it can be abused. Its proper application can help shorten trials besides eliminating the numerous appellate issues that often accompany death penalty litigations.

source http://www.winterwoodlodge.com/should-the-death-penalty-be-abolished/

5 Steps of the Jury Selection Process

The constitution gives us the right to be tried by a jury of our peers. Due to this, in very serious criminal prosecutions, members of the jury are always present. Needless to say, these people need to be chosen carefully so as to ensure that both the defense and prosecution are comfortable. The jury selection process has several steps as outlined below;

1. Random selection
First of all, a group of about 12 people is chosen randomly from the jury pool. These people are then invited to the courtroom.
Here, the judge briefs them on the nature of the case, the length of the trial, the names of the parties involved, the names of the witnesses to be called and the names of all the other people involved like the lawyers, the judge, and court staff.

2. Application to be excused
Potential jurors will also be asked if they want to be excused from jury service for any reason. If you feel that you need to be excused, you will be allowed to apply for the judge to do so.

3. Voire dire
Voire dire means to speak the truth. At this stage, the lawyers from both sides will be allowed to ask the jurors if they have any prior knowledge of the case and if they have any previous experience that will make them biased or unfair during the trial.

4. Rejection of some potential jurors
If any of the lawyers feel that a juror will be prejudiced, they are allowed to request for dismissal of the juror for cause. They are allowed to do this for an unlimited number of times. However, it is up to the judge to allow or deny the request.
A potential juror may be suspected to be prejudiced if they are related to any of the opposing parties or if they work for any of them.

The lawyers are also allowed to request dismissal of a juror without cause. They are however allowed to do this a limited number of times. At this point, lawyers may seek to dismiss jurors they believe will not serve the best interest of their client.
They are however not allowed to discriminate anyone on the basis of sex or race

5. Impaneling of jurors
Once both parties have agreed on the jurors, they are sworn in by the court clerk and impaneled. Those who are not selected are dismissed.

During the trial, the jurors are expected to provide a fair and unbiased verdict. They are not allowed to discuss the case with outsiders or eve each other.

source http://www.winterwoodlodge.com/5-steps-of-the-jury-selection-process/

Statutes of Limitation and Statutes of Repose

“Act now! This offer won’t last long!” Most of us have seen advertisements to that effect at some point throughout our lives. But did you know that the law imposes limitations like that on your ability to sue? Using what are known as statutes of limitation and statutes of repose, the law puts a deadline on when you can file suit for a legal wrong. Let’s look at each in turn.

But first, why should the law care when a person sues? If she was injured by the unlawful conduct of another, why not just let her sue whenever she feels like it? There are generally two reasons that the law puts a deadline on lawsuits. First, courts and legislators want to encourage people to be diligent in protecting their own rights. Second, because memories fade with time, they want to be sure that witnesses to be called in the case accurately remember what happened. To further those two ends, legislatures have enacted statutes of limitation and statutes of repose.

Statutes of Limitation

Statutes of limitation establish a deadline for lawsuits based on when a legal claim accrues. A legal claim normally accrues on the date when the legal injury occurs. For example, if a person is involved in a car accident with a reckless driver, then the legal injury occurs, and his legal claim accrues, on the date of the accident. However, courts sometimes delay the accrual of a legal claim because the injured person could not have been aware of his injury. For instance, if a surgeon messes up while operating, but doesn’t disclose his mistake to the patient, then the patient’s legal claim might not accrue until she actually learns of the surgeon’s error. Whatever the case may be, statutes of limitation set a deadline by which the injured party must file a lawsuit. If they miss the deadline, then their lawsuit will be thrown out if the defendant asks the court to do so. Typical statutes of limitation set deadlines of anywhere from one to six years, depending on the type of legal claim.

Statutes of Repose

Statutes of repose are like statutes of limitation in that both set a deadline for lawsuits. However, statutes of repose differ from statutes of limitation in what triggers the timer. While a statute of limitations might not begin to run until a person can learn of his injury, the statute of repose begins to run immediately upon some specified occurrence. For example, federal securities law, which governs the offering and sale of securities like corporate stock, establishes a deadline of five years after a person purchases a security. So, if the seller of a security misled the buyer, and the buyer didn’t—and couldn’t—realize that until five years and one day after she bought the security, her lawsuit will still be barred by the statute of repose.

Statutes of limitation and statutes of repose are important concepts in controlling when a lawsuit can be filed. Because they set a deadline for filing suit over a legal injury, and because what that deadline is won’t always be obvious to a layperson, you should consult with a knowledgeable attorney promptly upon discovering that you have—or even merely that you may have—a legal claim against another person.

source http://www.winterwoodlodge.com/statutes-of-limitation-and-statutes-of-repose/