what if a lawyer knows where the murder weapon is

How many weapons should a murder weapon have?

Ann is on trial for first-degree murder. The only key piece of evidence in Ann’s trial is the murder weapon, which was discovered in Ann’s dresser drawer during a law enforcement search. Before Ann’s trial, the defense makes a motion to suppress the murder weapon evidence because the search warrant in Ann’s case was signed by a judge ...

How did the defense prove the knife was used in murder?

First-degree murder statutes often include the following specified means: murder by drive-by shooting, destructive device like a bomb, weapon of mass destruction, ammunition designed to puncture a bulletproof vest, poison, torture, or lying in wait. First-degree murder is the highest classification of murder with the most severe sentencing options.

Are knives more likely to be used in murders than rifles?

Mar 05, 2016 · OJ Simpson Case: The Mystery Surrounding the Never-Found Murder Weapon. The murders were on June 12, 1994. To date, the weapon has never been found. The LAPD has confirmed it's examining a knife ...

What did clue teach us about murder?

If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures. (b) The duties stated in paragraph (a) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6. (c) A lawyer may refuse to offer ...

What if a defense lawyer knows his client is guilty?

Truthfully, a defense lawyer almost never really knows whether the defendant is guilty or not of the charged crime. Even if he says he is guilty, he actually may not be and may be lying to take the fall for someone he wants to protect.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

What is professional misconduct for a lawyer?

Thus, 'conduct which would be regarded as improper according to the consensus of professional, including judicial, opinion could be fairly stigmatised as such whether it violated the letter of a professional code or not'. This form of professional misconduct became known as conduct unbefitting a solicitor.Mar 31, 2010

What is the punishment in case of misconduct by an advocate?

[5] In various cases involving contempt of court, the court held that if any advocate or legal practitioner is found guilty of the act of contempt of court, he/she may be imprisoned for six years and may be suspended from practicing as an advocate (In re Vinay Chandra Mishra).Jul 24, 2016

Who has the burden of proving a case?

The plaintiff or prosecutor generally has the burden of proving the case, including every element of it. The defendant often has the burden of proving any defense. The trier of fact determines whether a party met the burden of proof at trial. The trier of fact would be a judge in a nonjury or bench trial.

What is Ann's murder trial?

Ann is on trial for first-degree murder. The only key piece of evidence in Ann’s trial is the murder weapon, which was discovered in Ann’s dresser drawer during a law enforcement search. Before Ann’s trial, the defense makes a motion to suppress the murder weapon evidence because the search warrant in Ann’s case was signed by a judge who was inebriated and mentally incompetent. The defense is successful with this motion, and the judge rules that the murder weapon is inadmissible at trial. The prosecution decides to proceed anyway. If there is no other convincing and credible evidence of Ann’s guilt, Ann does not need to put on a defense in this case. The prosecution will fail to meet the burden of proof and Ann will be acquitted.

What is the burden of production?

The burden of production is the obligation to present evidence to the judge or jury. The burden of persuasion is the duty to convince the judge or jury to a certain standard, such as beyond a reasonable doubt, which is defined shortly.

When is preponderance of evidence the burden of proof?

When preponderance of evidence is the burden of proof, the judge or jury must be convinced that it is “more likely than not” that the defendant is liable for the plaintiff’s injuries. Preponderance of evidence is a fairly low standard, but the plaintiff must still produce more and better evidence than the defense.

What is the burden of proof in a civil case?

Burdens of proof vary, depending on the type of case being tried. The plaintiff’s burden of proof in a civil case is called preponderance of evidence. Preponderance of evidence requires the plaintiff to introduce slightly more or slightly better evidence than the defense.

What are the two tools that a party can use to meet the burden of proof?

Parties can use two tools to help meet the burden of proof: inference and presumption. Jury instructions can include inferences and presumptions and are often instrumental in the successful outcome of a case.

What are some examples of circumstantial evidence?

Common examples of circumstantial evidence are fingerprint evidence, DNA evidence, and blood evidence. Criminal cases relying on circumstantial evidence are more difficult for the prosecution because circumstantial evidence leaves room for doubt in a judge’s or juror’s mind.

What is a specified means murder?

Murder by a specified means is a specific method of killing that is extremely heinous. Most states list the specified means in their first-degree murder statutes. Some examples of commonly included specified means are murder by drive-by shooting, destructive device like a bomb, weapon of mass destruction, ammunition designed to puncture a bulletproof vest, poison, torture, or lying in wait, which is an ambush-style killing (Cal. Penal Code, 2010). Note that all the aforementioned methods of killing involve premeditation to a certain extent and could also probably qualify as first-degree premeditated murder.

What is first degree murder?

First-degree murder statutes often include the following specified means: murder by drive-by shooting, destructive device like a bomb, weapon of mass destruction, ammunition designed to puncture a bulletproof vest, poison, torture, or lying in wait.

What was Scott Peterson's murder charge?

The Peterson Case. A jury convicted Scott Peterson of first-degree premeditated murder for the killing of his pregnant wife Laci Peterson. They also convicted him of second-degree murder for the killing of his unborn son Conner (Montaldo, C. 1, 2010).

What is premeditated murder?

Premeditated murder is typically a purposeful killing committed after calm planning and reflection. An extensive length of time between the formation of criminal intent and the criminal act is not generally a requirement of premeditated murder. The criminal act can help prove that a murder was premeditated.

What is express malice?

A minority of jurisdictions equate express malice or purposely with deliberation and premeditation , which means that the prosecution need only prove specific intent to kill for a first-degree premeditated murder conviction (Hawthorne v. State, 2010). However, this interpretation could blur the distinction between first and second-degree murder.

Cops Hunt for the Weapon in Chicago

In 1994, video from ABC station WLS in Chicago captures L.A. detectives wrapping up their Chicago-based search for the weapon near the hotel Simpson stayed the morning after the murders.

OJ Simpson 's 15-inch Knife

The month before Brown Simpson and Goldman's deaths, O.J. Simpson bought a 15-inch stiletto knife with a stag handle from Ross Cutlery in downtown LA, near where he was filming a movie, the Los Angeles Times reported two weeks after the killings.

The Case Goes to Trial With No Weapon

After Simpson was charged with the murders, the case went to trial without a weapon.

The 'Kardashian Cover-Up' Theory

In 1996, ABC News' Barbara Walters asked Simpson's lawyer and longtime friend Robert Kardashian to address the famous Louis Vuitton garment bag that he was seen carrying from Simpson's house after the murders -- a bag that many speculated could have contained the murder weapon.

Knife Said to be Found at Rockingham Handed Over to LAPD in Past Month

Today the Los Angeles Police Department said it's conducting tests on a knife purportedly found at Rockingham after they recently recovered it from a retired LAPD officer.

What is the duty of a lawyer?

Where a client informs counsel of his intent to commit perjury, a lawyer’s first duty is to attempt to dissuade the client from committing perjury. In doing so, the lawyer should advise the client ...

Can a lawyer testify in court?

As such, a lawyer may not submit false evidence to a court or assist a client in doing so. When a lawyer learns that a client intends to commit perjury or to offer false testimony, the lawyer should counsel the client not to do so. The lawyer should inform the client that if he does testify falsely, the lawyer will have no choice ...

What is Rule 3.3?

Rule 3.3 provides as follows: RULE 3.3 CANDOR TOWARD THE TRIBUNAL. (a) A lawyer shall not knowingly: (1) make a false statement of material fact or law to a tribunal; (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client; or.

What weapons did the clue master detective have?

My favorite version of the game, Clue Master Detective, featured eight potential weapons: candlestick, lead pipe, wrench, horseshoe, poison, rope, knife, and of course, the revolver.

Who is Alex Berezow?

Alex Berezow is a PhD microbiologist, science writer, and public speaker who specializes in the debunking of junk science for the American Council on Science and Health. He is also a member of the USA Today Board of Contributors and a featured speaker for The Insight Bureau. Formerly, he was the founding editor of RealClearScience.