What is the no-contact rule? Upon what theory is the rule predicated in criminal law? What was the relevance of the rule in the Joseph McDade case?
What will be an ideal response?
In civil and criminal law, there is a general prohibition against counsel having direct contact with an opposing party without the consent, and if desired, presence, of opposing counsel. In criminal cases, this rule is predicated upon the theory that without defense counsel, defendants could be subject to duress or overreaching by prosecutors. Joseph McDade was acquitted on bribery charges after claiming that during his prosecution, federal prosecutors violated state ethics rules, including the no-contact rule.
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Indicate whether the statement is true or false
A sequential photo spread is different from a simultaneous photo spread, in that in the latter
a. photos of suspects are presented at one time b. photos of suspects are presented one at a time c. photos of suspects are presented to allow for relative judgments d. photos of suspects are presented to allow for comparative judgment
The first level in the force continuum is the use of verbal commands
a. True b. False
Does use of plea bargain deny accused individuals their right to justice? Would a more just system demand more cases go to trial?
What will be an ideal response?