Law and Justice

Posts Tagged ‘Career’

It is essential in an ordered society to believe that citizens who do wrong can be rehabilitated. This must be true for a society to function properly. In the U.S., our sentencing structures and guidelines are built with this very thing as a foundation.

However, there is a small portion of our society who despite all opportunities to rehabilitate, do not. This small portion of society who willingly choose to continue their lives of crime after having multiple types of intervention such as prison time, probation, alternative sentencing, drug court, inpatient drug treatment, etc…, are recognized as career criminals.

For several decades, studies have been conducted on crime and causalities by various bodies including major universities, criminologists and even the U.S. Department of Justice. These studies have found that approximately 80% of all crime is committed by 20% of all criminals. Some of the studies have provided slightly different numbers but all of them have found that a small group of criminals commit a vastly disproportionate number of crimes than their peers. (Wolfgang et al ., 1972; Petersilia et al ., 1978; Williams, 1979; Chaiken and Chaiken, 1982; Greenwood with Abrahamse, 1982, and Martin and Sherman, 1986).

These criminals are very antisocial and refuse any form of rehabilitative programs. The only time they might participate in such programs is when they are having their prison sentences shortened or risk of going to prison decreased because of their participation. They call it “buying time” because they know they are getting time off their sentences by participating in rehabilitative programs.

It is not uncommon for law enforcement officials all across the U.S. to encounter criminals on the streets who have amassed 10 or more felony convictions and that have been to prison 3, 4, 5 or more separate times in their past. When their background is examined, it is always found that these criminals have benefited from weak plea deals on cases, dismissals of cases in exchange for guilty pleas in other cases and various other forms of settlements of cases based on judicial economy rather than the two things that should be considered the most, protection of society and punishment.

Knowing all of this, it therefore seems to be common sense that law enforcement and the justice system should focus greater energy and resources toward those that commit the majority of the crimes. This is the very purpose of habitual criminal laws; to address the recidivists. In all 50 States and on the Federal level, there are habitual criminal laws of one kind or another. Some are very effective and some are not. 26 states currently have habitual criminal laws that include sentences of life without parole.

California has what is probably the most publicized campaign against habitual criminals known as the three strikes law. There is plenty of evidence that the laws in California have provided significant benefits both in protecting citizens from further harm but also in fiscal impact to the California prison system.

Calculations based on the California Crime Index indicate that between March of 1994 when three strikes was first signed into law and the summer of 2004, there was a dramatic drop in California’s crime rate. Whether or not such a decline over those 10 years could be attributable to the three strikes sentencing scheme, other sentencing legislation enacted during the decade, changes in demographics, economic trends, or a combination of these factors, the crime rate in California fell by approximately 45% during this 10-year period. (Prosecutors’ Perspective on California’s Three Strikes Law – A 10-Year Retrospective, published 2004)

The prison system in California has seen its prison population numbers stabilize and has actually seen a massive reduction in the rate of increased spending in the budget for corrections. During the 10 years preceding three strikes (1984 to 1994), state expenditures for corrections increased nearly 220%. This is more than four times greater than after the enactment of three strikes.

“Many police officers, corrections officers and others, both inside and outside the criminal justice system, have noted that criminals fear three strikes. These people have also found that some criminals have modified their behavior. For once felons are worried about the criminal justice system and that has proven to be a deterrent factor. Despite predictions that the law would incarcerate many youthful offenders, for the 83 three-strikers sentenced to date (1997), the average age is 37 years old. These are career criminals, not likely to “outgrow” their antisocial behavior with added maturity”. (Washington Policy Center, “Three Strikes You’re Out; A Reform that Worked”, published 1997)

The U.S. Supreme Court has frequently recognized that a State may punish persistent criminal offenders more severely than it punished other offenders:

Solem v Helm, 1983

Rummel v Estelle, 1980

Oyler v Boles, 1962

Graham v West Virginia, 1912

Even more recently on March 5th of 2003, the U.S. Supreme Court reviewed a California recidivist statute in Ewing v California. The finding was, habitual criminal sentences do not violate the Eighth Amendment of the U.S. Constitution which prohibits “cruel and unusual punishment”. The court noted “…it reflects a rational legislative judgment, entitled to deference, that offenders who have committed serious or violent felonies and who continue to commit felonies must be incapacitated.”

In Nevada, there are habitual criminal laws that are similar to those in California. At the end of February 2009, there were 525 inmates in the Nevada prison system that were serving habitual criminal sentences that essentially vary from between 5-20 years, 10 years to life or life without parole. This is only 3.9% of the total Nevada inmate population. Based on the decades of criminological studies showing that 80% of all crime is committed by 20% of all offenders, shouldn’t the number of inmates in prison who are serving habitual sentences be closer to 20% or even higher since this is the special breed of criminal that needs to be incarcerated the most?

One prime example of the positive effects of the habitual criminal laws in Nevada is a 2006 case on a defendant named Daimon Monroe, aka Daimon Hoyt (8th District Court of Nevada, case # 06-C-228752). Monroe had previously been convicted of 15 felony counts in a criminal case in 1992, 2 felony counts from a criminal case in 1993 and 2 felony counts from a criminal case in 1996. Almost all of his felony convictions involved him committing commercial burglaries. One of his prior convictions was for being an ex-felon in possession of a firearm. Another was for evading a police officer which arose from a car chase that resulted in a roll over crash. Monroe had been to prison two times before.

Monroe completed his second stint in prison and got out in 2001. Monroe returned to committing commercial burglaries almost immediately after getting out of prison. Monroe continued committing commercial burglaries between 2001 and 2006 without being caught by law enforcement.

It is conservatively approximated that Monroe had committed several hundred burglaries which was substantiated by testimony of his longtime girlfriend. The investigation resulted in the seizure of approximately $2,000,000 in stolen property from Monroe. Monroe had also amassed close to $200,000 in bank accounts from the sales of stolen property, which was seized. Monroe was arrested in 2006 and was convicted of over 30 more felony counts in three different jury trials.

In 2008, after the second of three different trials on Monroe, he was sentenced as a habitual criminal by District Court Judge Stewart Bell. At sentencing, Judge Bell told Monroe that in his 30 plus years of experience in the justice system that Monroe was the most prolific criminal he had ever encountered or had heard of. Judge Bell sentenced Monroe to consecutive terms of life without the possibility of parole.

To finish this story on Mr. Monroe, it should be known that he has also since been tried for soliciting the murder of a District Court Judge, a Prosecutor and the Police Detective who investigated him. He was convicted by a jury on three counts of soliciting murder and is awaiting sentencing. He is now a 48 time convicted felon and has never shown even the smallest hint of remorse whatsoever. He will also be standing trial in the near future for the sexual abuse of two juvenile female family members.  Also, in late 2009, one of the cases that Monroe was convicted in was overturned on a legal technicality and sent back for re-trial. So it seems that his courtroom affairs will continue on for quite some time.

Is this the kind of criminal that can be rehabilitated? Is this the sort of person that should be granted some kind of leniency and allowed to exist in society? Monroe is not a lone wolf. Stories like his dot the map across the country. These truly dangerous and inalterable criminals cannot exist in society without them trying to find various ways of taking advantage of others to the point of committing serious crimes against them.

Another defendant who received life without parole was Gregory Hermanski (8th District court of Nevada, case # 00-C-167783). Hermanski had previously been convicted of 12 felonies including multiple separate times for armed robbery and bank robbery. Hermanski had served 6 prior prison terms in Florida and in Federal prison prior to being treated as a habitual criminal in Nevada. Hermanski was convicted of Robbery with a Deadly Weapon and Burglary with a Deadly Weapon and was sentenced in 2003.

A presentencing report on Hermanski stated, “Mr. Hermanski has been afforded numerous opportunities to cope with his personal problems. He has been psychologically evaluated on repeated occasions. Counseling and coping mechanisms have been offered to him in virtually every form of therapeutic milieu. However, the defendant has refused to cooperate with any agency that has made an attempt to assist him. As a result, he has compiled an extensive criminal record. A review of that record is reflective of an individual who is a very serious threat to the safety of others.”

Is this the sort of individual that our system of jurisprudence should trust to exist in society? Would the justice system bear some responsibility if this person was ever released from prison and someday ended up harming someone? The Police, Prosecutors and Judges are empowered and entrusted by the people of their communities to protect them from these very kinds of predators.

The argument of barbarism often comes up when people discuss life sentences of criminals. I believe that it is a privilege to live in the United States of America. In many countries, these kinds of criminals would have been executed long before they established their prodigious rap sheets. It is not barbaric to separate predators from the prey. I argue that it is barbaric to continue letting the predators feast mercilessly on innocent people.

For those of you who live in jurisdictions that have strong habitual criminal laws, you should be thankful. For those of you that live in jurisdictions without, you should write your lawmakers.

Bradley is currently Co-Authoring a true crime story entitled “Repeat Offender; The true story of how the biggest thief Las Vegas ever knew was brought down”.

Check out the website: http://www.repeatoffenderonline.com 

or check it out on FaceBook: 

http://www.facebook.com/RepeatOffenderonline

Disclaimer:  The opinions in this article are not necessarily the official position of the Las Vegas Metropolitan Police Department and the author is not representing the Las Vegas Metropolitan Police Department in any official capacity with the contents of this article.

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People already in the legal profession, whose fundamental purpose is to help others resolve their legal problems, will endorse the fact that law as a career is intellectually fulfilling carrying ample financial rewards. Law offers you diverse career options and qualified lawyers are in great demand as the legal profession is expanding at a rapid pace. Career consultants say legal profession is extremely lucrative in today’s employment market. Even many non-lawyers earn handsomely in the legal profession. There are also diverse specialization areas in the legal profession for those aspiring for a career in litigation – criminal law, civil law, labor law, family law, corporate law, contract law, international law etc.
There is immense intellectual satisfaction in the legal profession. Constantly in touch with advances in technology, regularly studying the vast bodies of case laws, mastering several issues of the legal importance with logic and clarity, analyzing case studies and statutory law, researching complex legal issues and becoming an adept at oral and written communications – are the intellectual rewards law as a career offers. In a culture that considers high earnings and social status as hallmarks of success, the legal profession has long been regarded as an elite profession commanding all round respect.  As a result, law as a career is one of the most sought-after professions by many.
With globalization, more and more business houses and corporations are expanding their activities beyond international borders through mergers, acquisitions, consolidation and collaboration with foreign institutions. This globalization provides today’s legal professionals with a world view and the opportunity to expand their horizons. The legal profession is continually evolving bringing in its train new challenges and attractive rewards. Law as a career is all about problem-solving and constantly meeting fresh challenges. There is no denying that the legal industry is thriving and now is a great time to embark on law as a career.
Law is an essential part of our everyday life and all of us live in a civilized society and within a legal framework. The law governs our conduct – some unlawful activities and behavior amount to crime; some other actions may be civil wrongs. Law is an ideal choice for anyone wishing to study law at a higher level it is a stimulating field for anyone who wants to know more about the legal framework in which we live. Although many laws have been in force for a long time, some areas of law are constantly changing due to political, technological, international and ethical influences. When you opt for law as a career, you need to be aware of these influences through knowledge of current affairs. Studying law helps to develop knowledge of current affairs.
Since law schools prepares you to be a lawyer, you will need to find out as much as possible about what law as a career is all about before you finally choose to attend a law school. Talk to practicing lawyers, find out what they like and dislike about their professional activities. Find out if they are happy or stressed, challenged, or discontented. Read legal journals and newspapers to find out about the advantages and disadvantages of the legal profession, current trends in hiring, current salary scales, and the nature of the profession.  Once you learn first hand what the practice of law is like, you will be much better prepared to embark on a legal career with confidence.

Are you interested in the field of law? There are lots of students who want to take up a career in law. This is because this field is quite challenging and lots of hard work is required. Other than this, you can also earn lots of money from this career.

There are certain students who want to become a criminal lawyer because this is one of the most challenging parts. Other than this, this field is also much more rewarding than the other fields.

Other than this, if a person becomes a criminal lawyer lots of avenues open in front of him in the future. He can start defending the criminals, or he can even prosecute them. Other than this, he also has the chance of becoming the judge in the future.

Criminal law is much more interesting than the other fields. The person can either join law firms or can even practice on his own. There are certain things you need to practice if you are interested in studying the criminal law.

The first thing you need to do is develop a good habit of studying. When you sit for the admission exams they also check your grades which you have got in school. If the grades are poor then it might have a bad effect on your career.

Other than this, you can also take up some extra courses which will help you to know the laws of the land better. You can also take up courses which will help you improve your communication skills. Criminal defense has become quite popular these days because of the success as well as the high pay.

The criminal lawyers have lots of benefits. The job is tough as well as challenging and this is the reason why you would love to work. But you must make sure that you are able to sacrifice your time for this profession.

You might get very less time for your family. This is the only side effect of this job. It is also very important to choose the right kind of law course. You need to enter the law school and for this you need to pass the LSAT.

After this you can apply to the law schools. You must always make sure that you choose the best school. There are lots of law schools present and this might confuse you. After you get the law degree you need to pass the start bar exam.

Criminal law will surely be better than the other ordinary subjects. Some people even want to become injury lawyers so that they can provide justice to people who are injured because of the negligence of some other people or organization.

Career ways for LAW,Education, Career and Job Discussions am interested in law career information as my brother is intrested to do so ,please suggestion regarding this course best option , facts and colleges.also tell me how to get admission .Lawyers counsel clients about their legal rights and suggest course of action in a particular matter. They also advise clients and draw up legal documents, such as wills and contracts and conduct negotiations on legal matters, and may represent clients in court and tribunal proceedings.

Academic excellence is not the main thing behind the success in this profession. Professional competence acquired through experience and practice with efficient lawyers is the main yardstick of success.

There are various areas of specialisation in this field which one can choose from like corporation law, civil law, criminal law, international law, labour law, patent law, tax law and so on.

Success in this profession is not based on marks one obtain in the exam, but it is very much related to personal attributes. One must have good oral and written communication skills, logical reasoning, power of concentration, patience, good memory to relate and quote past cases to prove your point, ability to argue and discuss matters with a variety of people, self confidence, courage to deal with threats especially in criminal cases etc. He should have up-to-date information on any changes in law. A good library and a fair amount of reading is also important.

In addition to LL.B. degree, many universities and institutes also offer other diploma courses in several disciplines of law, including Administrative Law, International Law, Labour Laws, Tax Laws and Corporate Laws.

There are various branches of specialisation in law like civil law, criminal law, corporate law, property law, income tax law, marine law, public international law, family law, labour law, press law, excise law, constitutional law, administration law, sale of goods law, trade mark, copyright and patent law etc. one can choose from Most law colleges today admit students for the 5 year course on the basis of an entrance exam. Some colleges like GLC Mumbai and ILS Pune admit students directly based on their performance in the qualifying exams (10+2 or its equivalent).

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If the world of law inspires you and the system of justice fascinates you, a career in law is for you. Legal profession is a fast growing, lucrative and the most respected career in India today. It is a very exciting and adventurous career. To pursue a career in law, one needs to pursue professional law courses. There are a number of institutes and universities in India that offer law courses. One could specialize into one of the various arms of law such as: corporation law, civil law, criminal law, and international law, labor law, patent law, tax law and so on.

In India, both government and private institutes offer under-graduate and post-graduate law courses to students. One could pursue LLB and LLM after graduation from these universities. Apart from the degree law courses, some institutes also offer diploma law courses in various disciplines such as Administrative Law, International Law, Labour Laws, Tax Laws and Corporate Laws. These small law courses are also helpful in building a successful career in law.

There are various branches of specialization in the field of law. These include civil law, criminal law, corporate law, property law, income tax law, marine law, public international law, family law, labour law, press law, excise law, constitutional law, administration law, sale of goods law, trade mark, copyright and patent law etc. Thus, there are numerous options for one to choose from. The eligibility to pursue LLB is 10+2. Course duration is 3-5 years and for a PG programme in law, the eligibility is LLB degree. Duration of LLM is two years. Once you pursue a course in law, you can opt for employment in different courts of law, in government service, as a law teacher, as a legal advisor to a company or a business house. One could also practice privately as a legal advisors advocate, solicitor etc.

On completion of the course, one can enroll with the local State Central Bar council. The Bar Council of India and the State Bar Councils are the statutory bodies that form a self regulated code of law for legal professionals practicing in India. Thus, all aspiring lawyers are required to enroll with these councils. Lawyers enjoy a position of reputation in the society and their services are required at different fronts in different situations of life. One falls back to the legal system when all else fails so the demand for legal practitioners is always high in society. During any dispute or a matter of legal concern, it is the duty of lawyers to counsel their clients about their legal rights. Lawyers suggest legal remedies and course of action in matters of contention. It is also the duty of lawyers to draw up legal documents like wills and contracts. Lawyers also represent clients in court and tribunal proceedings and conduct negotiations on behalf of their clients. .

To become a successful lawyer, just academic qualification is not sufficient. One needs to acquire professional competence through experience and practice under the mentorship of efficient lawyers. One learns the ropes of the profession and the shrewdness that is required with experience. The personal attributes that are required to be a good lawyer include communication skills, patience, logical reasoning, and a very good memory. A good lawyer would be well updated with the latest information on nay changes in law and would have done a fair amount of reading.

With a law degree, if one takes up additional qualification too, it will help in making the person eligible for a variety of employment opportunities such as government services where lawyers are appointed through UPSC and can join Indian Legal Service and serve as Law officers, Dy. Legal Advisors and Legal Advisors. One can also join judiciary where the posts are that of the magistrate, district and sessions judge, sub-magistrate, public prosecutor, solicitors, attorney general, advocate general, notary and oath commissioner. Then, there are law inspectors, legal officers in banks, judicial members of income tax, sales tax and excise departments, government advocates and staff in the registrar of companies’ office. Thus, there is no dearth of employment opportunities for those who have done law courses. With a law degree and an additional course, one can aspire to make a very successful career in the field of law.

Law establishes the rules that define a person’s rights and obligations and defines their enforcement. Traditionally, lawyers practice before judges in Subordinate Courts, Administrative Tribunals, High Courts and the Supreme Court. Their practice pertains to mainly private matters and public matters.
Private matters are those related to the rights and obligations people have in their involvement with one another, or with Civil Law.
Public matters are those, which deal with the rights, and obligations people have as members of a society. Law related to public matters concerns itself specifically to criminal cases as well as to administrative, constitutional and international cases.

The areas in which lawyers specialize are:
1.) Criminal law – Criminal lawyers specialize in matters having legal implications such as theft, murder and arson, which are considered offences against society or the State.
2.) Real estate – Real estate lawyers deal with cases involving property.
4.) Civil law – Civil Law operates in matters of property, contract and commercial issues, inheritance, family and corporations.
5.) Tax law – Tax lawyers handle cases concerning income tax, wealth tax, gift tax, estate duty, etc.
6.) International law – A set of international legal rules are observed by all the nations in relation to one another.
7.) Labor law – Labor lawyers specialize in solving the problems arising between the management and the labor force in any organization.
8.) Others – Other branches include family law, constitutional law, corporate law, excise law, customs and transportation. Globalization of businesses has created a need for legal compliance, which has created a special niche for legal eagles dealing in all matters concerning business.

The Job
Judges
1.) Ensure trials and hearings are conducted fairly in court and justice is administered to safeguard the legal rights of all parties involved.
2.) Preside over trials / hearings, as lawyers present and argue their cases.
3.) Oversee the legal process that in courts of law resolves civil disputes & determines guilt in criminal cases. 4.) Preside over cases pertaining to virtually every aspect of society.

Solicitors
5.) Give legal advice and represent clients in legal matters.
6.) Solicitor’s firms undertake cases related to their area of work. While small firms may work in one specific area, large firms have a number of specialized departments.

Lawyers
1.) Lawyers act as advocates and advisors
2.) As advocates, they represent one of the opposing parties in criminal and civil trials by presenting arguments that support their clients in court.
3.) As advisors, lawyers counsel their clients as to their legal rights and obligations and suggest the appropriate course of action in business and personal matters.
4.) They interpret the law and its application to a specific situation.
5.) They research laws applicable to the case at hand and previous judgments under circumstances similar to those currently faced by the client. Based on this research, advocates advise clients what actions would best serve their interests.
6.) In court they present the facts of the case to the judge, cross examine witnesses and finally sum up the reasons as to why the court should decide in their clients’ favour.

Legal Executives
1.) Lawyers working in the legal department of firms
2.) Advise their employers on legal matters & work on cases of litigation for the firm.
3.) Represent their firm in the court of law in all legal matters.
4.) They perform administrative functions e.g. check deeds, issue writs, collect information for affidavits and draft legal documents.
5.) Represent their business house & protect their interests while interacting with other business houses.
6.) Handle in-house legal problems independently and draft the agreements and undertakings by other law firms

To know more about other relevant information about Career in Law, read the Second Part (2) of this article.

LAW as career

Law as a profession is in great demand these days. Due to the changing economic and social scenario and the ever-increasing regulatory role being undertaken by the government there is a growing demand for the lawyers. Besides being financially lucrative, Law is an adventurous and thrilling career option.

Some of the personal characteristics that one needs to have to become a good lawyer are: good intellectual ability, the ability to assimilate and analyze facts quickly, excellent communication and presentation skills, self confidence, and physical and mental stamina to cope with the long hours of work and work related stress.

Law Courses in India

B.A. L.L.B: This is a 5-year course and the students can pursue this course after passing Class 12.

L.L.B.: This is a 3-year course, open for graduates.

L.L.M.: This is a postgraduate course in Law. The duration of the course is 2year. Students can pursue this course after completing B.A. L.L.B. or L.L.B.

There are various specialized branches of Law. These include:

Civil Law
Criminal Law
Corporate Law
Taxation Law
Labour Law
International Law
Family Law
Constitutional Law
Administration Law
Patent Law etc.

Here is a list of some of the top Law Colleges in India:

NLSIU Bangalore
Gujarat National Law University (GNLU)
Symbiosis Society’s Law College (SSLC), Pune
National Law University, Jodhpur
NALSAR University of Law, Hyderabad
National Law Institute University, Bhopal (NLIU)
Faculty of Law, University of Delhi
Hidayatullah National Law University (HNLU), Raipur
Amity Law School
ILS Law College Pune
Government Law College, Mumbai
Tamil Nadu Dr.Ambedkar Law University, Chennai
The W.B. National University of Juridical Sciences (NUJS)
Raji Gandhi Law University, Patiala

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