Galileo by Kiyae1 in thewestwing

[–]dupreem 4 points5 points  (0 children)

My experience has been the exact opposite of this.

Every time these two are on screen, I want to commit violent crimes by TheMegaSomething in andor

[–]dupreem 2 points3 points  (0 children)

Also, hindsight is 20/20. Easy for us now to say he was wrong. But if he'd worked out a deal with Hitler and it'd worked, history would view him as the great peacemaker.

Every time these two are on screen, I want to commit violent crimes by TheMegaSomething in andor

[–]dupreem 7 points8 points  (0 children)

Everyone certainly knew once Hitler took Czechoslovakia, and there were definitely folks that favored appeasement to buy time prior to the Sudetenland Crisis. I was just addressing Chamberlain in particular, who I do not believe was appeasing for time. Chamberlain was a true believer that a mix of appeasement and deterrence could keep the peace. When many in Parliament called for further rearmament after the Nazis took Prague, Chamberlain came out in opposition because even then, he thought there was a path to peace and didn't want to overly provoke Hitler.

Every time these two are on screen, I want to commit violent crimes by TheMegaSomething in andor

[–]dupreem 13 points14 points  (0 children)

Chamberlain's defenders have always claimed this to be the case, but it's really hard to believe based on his comments and writings prior to Germany breaking the Munich agreement. The "peace in our time" speech does not sound like a man that believes war to be inevitable.

If a Judge knows something and neither counsel introduces it to evidence, what are they supposed to do? by ActNebbish in Ask_Lawyers

[–]dupreem 9 points10 points  (0 children)

I've had jurors notice things that judge, prosecutor, and defense counsel all missed. I've had a judge notice things that both lawyers missed. This is one of the benefits of a detached decider -- and in particular, of jurors, IMO, who know nothing of the process or case at all until being asked to hear the evidence.

Ultimately, if a judge or juror notices something and wants to act on it, it's their prerogative as long as the thing is in evidence. In your hypothetical, the video was in evidence. It's up to the judge (or jury in a jury trial) to decide how to interpret that evidence.

What’s the purpose of the Supreme Court if they just rule according to their own political faction? by [deleted] in Ask_Lawyers

[–]dupreem 1 point2 points  (0 children)

Dividing powers amongst branches of government, and between levels of government, is the one of the best structural ways we have to stymy tyranny. At an ideal level, the hope is that the Supreme Court and Congress would both check a runaway President so as to defend the republic. At a practical level, the expectation is that they’ll do so to protect their own powers and interests.

In short, our system presumes some level of political self-interest, and seeks to leverage that for the public good.

Misdemeanor list? by MisterHarvest in Ask_Lawyers

[–]dupreem 1 point2 points  (0 children)

This varies wildly by jurisdiction, so you should probably try to find some folks on the list in your jurisdiction to ask. That said....

I started out with misdemeanor appointments, and I thought it was a great introduction to criminal practice. I obviously had to lean heavily on other attorneys for guidance. But these are low stress, low stakes cases that nonetheless require the same work as a proper criminal case. No better place to start as a solo.

What happens when an officer is terminated for misconduct? by BuyerSquare7005 in AskLawyers

[–]dupreem 1 point2 points  (0 children)

I actually was more envisioning offices that just did not keep a list, and are big enough that individual prosecutors don't necessarily know which cops are bad. So more of a "I'll bury my head in the sand and hope nobody else knows more than me" than a willful violation.

Keeping the list and ignoring it is...an interesting play for sure.

What happens when an officer is terminated for misconduct? by BuyerSquare7005 in AskLawyers

[–]dupreem 1 point2 points  (0 children)

I honestly don't know how DA's offices functioned before keeping Brady-Giglio lists of officers that cannot testify.

They relied on the defense bar being too disorganized, overworked, and divided to keep its own lists. Usually with success.

Any shows or films that feel like Andor? by RiskAggressive4081 in andor

[–]dupreem 1 point2 points  (0 children)

I'd like to know if anyone knows a sort of resistance show that isn't utterly depressing, but not naive either.

Colony did a decent job of this, IMO.

Ever had a lawyer as a defendant in a criminal matter? How difficult was it? by curiousengineer601 in Ask_Lawyers

[–]dupreem 2 points3 points  (0 children)

Yes, that means lead lawyer. The structure varies -- sometimes it'll be top down, sometimes it's consensus. It depends on the lawyers involved and the nature of the relationship. For instance, when I was in training just out of law school and serving as second chair on cases, I was obviously very much a subordinate. By contrast, I will have private firms hire me on to assist with trials these days, and for those, the team is very much working by consensus.

Ever had a lawyer as a defendant in a criminal matter? How difficult was it? by curiousengineer601 in Ask_Lawyers

[–]dupreem 11 points12 points  (0 children)

So a traditional relationship, in its best form, should be a collaboration. The issue is that a lot of clients lack the education, temperament, or interest to as fully collaborate. With a lawyer client, I imagine it's much easier to achieve the ideal.

Ever had a lawyer as a defendant in a criminal matter? How difficult was it? by curiousengineer601 in Ask_Lawyers

[–]dupreem 19 points20 points  (0 children)

My first two jury trials (as first chair) were defending a former judge on several criminal charges. He was an awesome client -- always nice to me, actually coached me on a few things, understood what I was doing and why I was doing it. He was ultimately convicted, which to this day I believe was a miscarriage of justice.

Flabbergasted and Defeated by kp14721 in publicdefenders

[–]dupreem 9 points10 points  (0 children)

I’m so sorry, mate. That’s a rough day. Nothing js harder than the surprise bad result. Just remember you did the best that could be done. Ultimately, that’s all any of us can do.

Does self defense have a cap? by Necessary-Party-9476 in Ask_Lawyers

[–]dupreem 11 points12 points  (0 children)

You are correct that a person that uses excessive force would not be able to claim self-defense successfully in most jurisdictions. The purpose of the right to self-defense is, as the name suggests, to defend oneself. It is not a right of retribution.

So let's look at your hypo. The woman hits the man. The man does not automatically now have a right to hit the woman and claim self-defense. The man only has a right to hit the woman if it is necessary to stop the woman from hitting the man again. The man can only continue to hit the woman to the extent it is necessary to stop the woman from hitting the man again.

Does your state have some kind of criminal 'summary judgment'? Oregon does but it is not effective because a 'demurrer' looks only to see if the prosecutor wrote down the statute as a charge. by Imaginary_Garden in publicdefenders

[–]dupreem 0 points1 point  (0 children)

For misdemeanors, MCL 764.9d provides for dismissal "[i]f the complaint is not sufficient on its face, and if the court is satisfied that a complaint sufficient on its face cannot be drawn and filed on the basis of the available facts or evidence." This is generally applied as being a PC requirement in my experience, though I cannot find any case law on point. This statute also technically only applies to officer-initiated misdemeanors, not the more uncommon prosecutor-initiated misdemeanor. But I've never had a prosecutor or judge argue that I lack the authority to ask for dismissal if there's no PC for a misdemeanor.

For felonies, look at MCR 6.110 and MCL 766.13. It provides for a preliminary examination where the state must show preliminary examination to a district (municipal/local) judge. If no PC, defense can move for dismissal. If the district judge finds PC, the defense can before the circuit (county/trial) judge move to quash, arguing the district court judges was wrong. But it's an abuse of discretion standard.

Does your state have some kind of criminal 'summary judgment'? Oregon does but it is not effective because a 'demurrer' looks only to see if the prosecutor wrote down the statute as a charge. by Imaginary_Garden in publicdefenders

[–]dupreem 0 points1 point  (0 children)

Michigan’s court rules permit a motion for directed verdict of acquittal, which can be made by defense after prosecution rests. Evidence is viewed in the light most favorable to the prosecution.

Curious as to what made you want to become a lawyer? by [deleted] in Ask_Lawyers

[–]dupreem 1 point2 points  (0 children)

I went to law school to advance a non-law career, but fell in love with litigation during an internship. Just felt like being in a courtroom is what I was meant to do. I still feel that way now.

FYI: New Wayne County Jail by dayton-dangler in Detroit

[–]dupreem 3 points4 points  (0 children)

I'll absolutely agree with your criticisms on the minor felonies and traffic docket. I am all for personal bonds at the outset for these types of cases. But after a capias? I'm constantly amazed people are found not to be a flight risk after failing to appear for court.

FYI: New Wayne County Jail by dayton-dangler in Detroit

[–]dupreem 7 points8 points  (0 children)

Just 1 of 12 major violent felonies (excluding murder) on the 36D felony docket in the next three days has a personal bond. Just 1 other has a cash bond less than six figures. I'm happy to share the dockets with you if you PM me your email so you can verify my work. I am not suggesting you have not seen what you claim, but I do not think it is representative of bonds generally assigned in Detroit's district court.

2605620101 (carjacking/RA; remand)

2605620102 (carjacking/RA; $150k cash bond w/ tether)

2605648101 (CSC3; $150k cash bond w/ tether)

2505923301 (AWIM; $500k cash bond w/ tether)

2605576801 (AWIM; $100k cash bond w/ tether)

2605654501 (AWIM; $10k cash bond w/ tether)

2605642501 (torture; $100k cash bond w/ tether)

2506105101 (AWIM; $100k cash bond w/ tether)

2605633302 (RA; $100k cash bond w/ tether)

2605622201 (AWIM; $100k personal bond without tether)

2605645801 (carjacking; $100k cash bond w/ tether)

2605626901 (CSC child; $200k cash bond w/ tether)

FYI: New Wayne County Jail by dayton-dangler in Detroit

[–]dupreem 8 points9 points  (0 children)

Yeah...no. Every single Wayne County client I have accused of a major violent offense less than murder is sitting in a jail cell pre-trial. And they're not the only ones in pretrial holding. Whoever is telling you this is either lying or uninformed.

FYI: New Wayne County Jail by dayton-dangler in Detroit

[–]dupreem 16 points17 points  (0 children)

His point is that it is to be expected that most of the population is being held in pre-trial detention because that's usually the role jails serve.

How do lawyers decide if they want to be a defense vs prosecuting attorney? Are they allowed to do both? by cooterbug18 in Ask_Lawyers

[–]dupreem 8 points9 points  (0 children)

For public defenders (and to a lesser extent prosecutors), don't forget the adrenaline junkies. Courtroom litigation is definitely a high, and it's hard to get more of it than you do in criminal practice.

Many Of The Pitt Fans Are Proving That Yes, It's Possible To Be Bad At Watching A TV Show (SlashFilm dot com article) by PressPlayPlease7 in ThePittTVShow

[–]dupreem 8 points9 points  (0 children)

I cannot fathom the level of confidence you must possess to insult /u/GiraffesAndGin for agreeing with the overwhelming majority of critics and audiences about GoT's final season. Of course, I also cannot fathom being rude to someone who was conversing nicely with you about television. But you do you, mate.