Hi Friends--
I just wanted to wish you all the merriest of Christmases this year! I hope that you are able to take a break from the books and celebrate the joy of the season.
While I'll personally be on the road for the next couple of weeks, I would be more than happy to take any questions that you might have about criminal law and procedure. Fire away!
Gabe
Friday, December 21, 2007
Sunday, December 16, 2007
Thoughts on Launching a Paralegal Career (Posted by Jenny)
Someone recently asked:
Do you have any advice for those of us who graduated over 10 years ago from paralegal school and have not worked as a paralegal professionally. I realize this is going to be difficult but still want to do my very best. Raising children and then returning to college to get my BA in 2005 is part of the reasons why all this time has passed. Any words of wisdom?
First of all, I would say I am impressed with your commitment and willingness to step out and consider switching careers – a daunting task for anyone at any stage in life! If being a paralegal is what you want to do, then I say go for it! You will have hard work ahead of you (and no doubt those who try and discourage you) but I believe we have been given the gift of life by God and with that the ability to work toward our dreams. Many impossible seeming things become possible with hard work, prayer, and faithfulness.
Some thoughts:
Take CLA exam or Law Course(s)
Since it has been a while since law school I would suggest either taking the CLA exam or doing some law related courses to “brush up” on your knowledge, or both of the above. I suggest this for 2 reasons: 1. although given different levels of recognition depending on what area of the U.S.A you are in, a recent CLA certification will not hurt you by any means – it will show you are up to date on test requirements. 2. Taking a couple of law related courses will refresh your memory and bring you up to date on law changes
Most importantly, you want something to get you in the door for an interview, and this will help (volunteer work helps too! – see below).
Experience, experience experience!!
You will no doubt hear the words “practical experience” many times. Like any job, the most important thing is what you can do or how quick you can learn. There ARE attorneys & paralegals who will teach you how to practice law practically. If you find one of these great people follow them around and soak up everything!!
I don’t know the feasibility of this in regards to your financial situation, but obviously, starting a new career means starting at the bottom in payment terms. I would suggest looking for a volunteer position first (if you can) in a District Attorney office or law firm. I volunteered part time in my local D.A. office for 6 months, and it was time well spent. It also opened doors interview - wise. Experience is experience, whether volunteer or paid.
The ideal situation (if it presents itself and you can afford it) is a part time or full time entry level position with a firm. No matter how clerical the work is, you will learn a great deal by being there. And then be able to take on more responsibility in that firm or use what you’ve learned in the next one you work in.
Interview the Interviewers!
When you interview at firms, scrutinize away! What are the attitudes of the staff that you see? Do they seem stressed / unhappy / enjoying their jobs? What is the attorney that is interviewing you like? How does he appear – kind, stern, laid back, etc.? I am not saying you should be very picky and hard to please about your work environment. There are no perfect work environments, and unless one is just terrible / intolerable, I am not one to condone leaving or job hopping.
What I am saying is: you can tell a great deal about people at a first meeting (by verbal and nonverbal clues) if it looks like something is “fishy” & not above board, or things seem weird (I am speaking of a woman’s intuition here since I am a woman) they probably are.
Just be discerning and don’t feel like you HAVE to take the first offer you get if things don’t seem right. I interviewed at several firms that literally gave me the creeps. And when I walked in the door of the firm I am working for now, I felt like I had come home. Everything that the attorney said confirmed that initial good impression. Things have not been perfect, but I have never regretted coming to work for my 2 attorneys!
OK, a lot of the above sounds a bit like touchy feely stuff, which is NOT how I meant it to sound. Ideally, you will work for a firm where you enjoy (most if not all) your supervising attorneys and fellow staff. But if you find yourself working at a firm with difficult people, hang in there. All experience is valuable.
I hope the above has been helpful. Feel free to contact me by e-mail, fairlady@truevine.net, if you would like to do so. I wish you the best in your pursuit of a paralegal career! Please let me know if there is anything else I can do to help.
Fellow mentors: please weigh in with any comments / advice.
Do you have any advice for those of us who graduated over 10 years ago from paralegal school and have not worked as a paralegal professionally. I realize this is going to be difficult but still want to do my very best. Raising children and then returning to college to get my BA in 2005 is part of the reasons why all this time has passed. Any words of wisdom?
First of all, I would say I am impressed with your commitment and willingness to step out and consider switching careers – a daunting task for anyone at any stage in life! If being a paralegal is what you want to do, then I say go for it! You will have hard work ahead of you (and no doubt those who try and discourage you) but I believe we have been given the gift of life by God and with that the ability to work toward our dreams. Many impossible seeming things become possible with hard work, prayer, and faithfulness.
Some thoughts:
Take CLA exam or Law Course(s)
Since it has been a while since law school I would suggest either taking the CLA exam or doing some law related courses to “brush up” on your knowledge, or both of the above. I suggest this for 2 reasons: 1. although given different levels of recognition depending on what area of the U.S.A you are in, a recent CLA certification will not hurt you by any means – it will show you are up to date on test requirements. 2. Taking a couple of law related courses will refresh your memory and bring you up to date on law changes
Most importantly, you want something to get you in the door for an interview, and this will help (volunteer work helps too! – see below).
Experience, experience experience!!
You will no doubt hear the words “practical experience” many times. Like any job, the most important thing is what you can do or how quick you can learn. There ARE attorneys & paralegals who will teach you how to practice law practically. If you find one of these great people follow them around and soak up everything!!
I don’t know the feasibility of this in regards to your financial situation, but obviously, starting a new career means starting at the bottom in payment terms. I would suggest looking for a volunteer position first (if you can) in a District Attorney office or law firm. I volunteered part time in my local D.A. office for 6 months, and it was time well spent. It also opened doors interview - wise. Experience is experience, whether volunteer or paid.
The ideal situation (if it presents itself and you can afford it) is a part time or full time entry level position with a firm. No matter how clerical the work is, you will learn a great deal by being there. And then be able to take on more responsibility in that firm or use what you’ve learned in the next one you work in.
Interview the Interviewers!
When you interview at firms, scrutinize away! What are the attitudes of the staff that you see? Do they seem stressed / unhappy / enjoying their jobs? What is the attorney that is interviewing you like? How does he appear – kind, stern, laid back, etc.? I am not saying you should be very picky and hard to please about your work environment. There are no perfect work environments, and unless one is just terrible / intolerable, I am not one to condone leaving or job hopping.
What I am saying is: you can tell a great deal about people at a first meeting (by verbal and nonverbal clues) if it looks like something is “fishy” & not above board, or things seem weird (I am speaking of a woman’s intuition here since I am a woman) they probably are.
Just be discerning and don’t feel like you HAVE to take the first offer you get if things don’t seem right. I interviewed at several firms that literally gave me the creeps. And when I walked in the door of the firm I am working for now, I felt like I had come home. Everything that the attorney said confirmed that initial good impression. Things have not been perfect, but I have never regretted coming to work for my 2 attorneys!
OK, a lot of the above sounds a bit like touchy feely stuff, which is NOT how I meant it to sound. Ideally, you will work for a firm where you enjoy (most if not all) your supervising attorneys and fellow staff. But if you find yourself working at a firm with difficult people, hang in there. All experience is valuable.
I hope the above has been helpful. Feel free to contact me by e-mail, fairlady@truevine.net, if you would like to do so. I wish you the best in your pursuit of a paralegal career! Please let me know if there is anything else I can do to help.
Fellow mentors: please weigh in with any comments / advice.
Tuesday, December 11, 2007
Intro to Criminal Law and Procedure. (Posted by Gabe)
Hi Friends--
I apologize for the long delay here! But I am now back in the country and immersing myself completely in studies for the California Bar, which I'll be taking in February.
But all that aside, let's take a look at some basics ideas to help you study these subjects. (And yes, I do mean the plural; though you study Criminal Law along with Criminal Procedure in this course, they really are very different, so it may help you to think of them as two separate courses.)
Criminal Law - All About the Elements
The key to criminal law is to think elements. Every crime consists of these sub-parts that must be proven by the prosecutor before the jury will return a guilty verdict. They're really building blocks--and without any one of them, the whole crime will fall.
So know your elements. If you know them cold, you have a roadmap through each crime and a checklist of all the issues that you can be tested on in that crime. So memorize the definitions; they have all of the elements.
Criminal Law - Pitfalls to Avoid
Mens Rea
There are also a couple potential pitfalls that I want to warn you about. The first is mens rea. You already know that different crimes have different required mental states, but be sure you know the exact mental state required for each crime.
Sometimes that is easy. For instance, you know that burglary is a specific intent crime, and what that means is easy. You have to have a specific intent to commit a felony in the structure you broke into. Now, if you argue that a "general intent to break and enter" is enough for burglary, you will hurt your grades badly, but with a little study you should certainly not have that problem!
But sometimes it is a little more tough, because sometimes the same mens rea can mean different things. Take "malice." Malice is the mens rea for murder, mayhem, and arson, along with a couple of others, and it means something different for each of these. The Felony Murder Rule, for example, can give you malice for murder, but there is no such thing as the "felony arson rule." So every time you see a malice crime, make sure you know exactly what malice means.
Defenses
Don't get yourself in the rut of just thinking like a prosecutor when you see a criminal law fact pattern! That can be easy, as you study the elements of each crime, but remember, there's another side. So don't forget to think about defenses every time you look at a criminal law hypo.
Criminal Procedure - Going to the Source
Criminal procedure is really little more than an extension of Constitutional Law, focusing on the specific procedural rights given to accused persons in the Bill of Rights. There are lots of them, and many of them are familiar to even the non-legally trained in this nation. We've all heard of the prohibition on cruel and unusual punishment, for instance, and we all know the "You have the right to remain silent..." spiel used by both real and actor police officers every day.
But do not let that familiarity fool you! The layman's knowledge of criminal procedure is often inaccurate and always incomplete. Unless you go to the source, and know how the Supreme Court has treated that source in real-life situations, you will not have the knowledge that you need.
It is on that basis that I would advise you to memorize the 4th, 5th, 6th, and 8th amendments to the Constitution. That's the source, and the better you know that source the better you can apply it to fact patterns.
Sometimes, though, the source can get confused. For instance, while we've all heard the Miranda warnings: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense." But do you know where they come from? If you read the Constitution, you can't find that list anywhere. The Court used a (the 5th Amendment privilege against self-incrimination, the 6th Amendment right to a lawyer) to come to this conclusion. And while Miranda has been criticized heavily, it is still good law!
One other source question is in the right to counsel. It only appears once in the Constitution, in the 6th Amendment. BUT BE CAREFUL. The Supreme Court has also recognized a 5th Amendment (substantive due process) right to counsel--and it is different in many ways than the 6th Amendment right to counsel! So be sure you study that one carefully.
Criminal Procedure - Breaking it Down
The nice thing about CrimPro is that it can only come up in very limited circumstances, and those circumstances have factual "triggers" that you should use to alert you to the particular right that is being tested.
If you see homes or automobiles, for instance, look for 4th Amendment issues.
If you see arrests, interrogations, and confessions, think 5th Amendment and Miranda (and don't forget both types of the right to counsel).
If you see trials, pleas, or post-conviction actions, make sure you think about the 6th and 8th Amendments.
A Conclusion
Be sure to study carefully, and your questions are most welcome. Feel free to e-mail me!
I apologize for the long delay here! But I am now back in the country and immersing myself completely in studies for the California Bar, which I'll be taking in February.
But all that aside, let's take a look at some basics ideas to help you study these subjects. (And yes, I do mean the plural; though you study Criminal Law along with Criminal Procedure in this course, they really are very different, so it may help you to think of them as two separate courses.)
Criminal Law - All About the Elements
The key to criminal law is to think elements. Every crime consists of these sub-parts that must be proven by the prosecutor before the jury will return a guilty verdict. They're really building blocks--and without any one of them, the whole crime will fall.
So know your elements. If you know them cold, you have a roadmap through each crime and a checklist of all the issues that you can be tested on in that crime. So memorize the definitions; they have all of the elements.
Criminal Law - Pitfalls to Avoid
Mens Rea
There are also a couple potential pitfalls that I want to warn you about. The first is mens rea. You already know that different crimes have different required mental states, but be sure you know the exact mental state required for each crime.
Sometimes that is easy. For instance, you know that burglary is a specific intent crime, and what that means is easy. You have to have a specific intent to commit a felony in the structure you broke into. Now, if you argue that a "general intent to break and enter" is enough for burglary, you will hurt your grades badly, but with a little study you should certainly not have that problem!
But sometimes it is a little more tough, because sometimes the same mens rea can mean different things. Take "malice." Malice is the mens rea for murder, mayhem, and arson, along with a couple of others, and it means something different for each of these. The Felony Murder Rule, for example, can give you malice for murder, but there is no such thing as the "felony arson rule." So every time you see a malice crime, make sure you know exactly what malice means.
Defenses
Don't get yourself in the rut of just thinking like a prosecutor when you see a criminal law fact pattern! That can be easy, as you study the elements of each crime, but remember, there's another side. So don't forget to think about defenses every time you look at a criminal law hypo.
Criminal Procedure - Going to the Source
Criminal procedure is really little more than an extension of Constitutional Law, focusing on the specific procedural rights given to accused persons in the Bill of Rights. There are lots of them, and many of them are familiar to even the non-legally trained in this nation. We've all heard of the prohibition on cruel and unusual punishment, for instance, and we all know the "You have the right to remain silent..." spiel used by both real and actor police officers every day.
But do not let that familiarity fool you! The layman's knowledge of criminal procedure is often inaccurate and always incomplete. Unless you go to the source, and know how the Supreme Court has treated that source in real-life situations, you will not have the knowledge that you need.
It is on that basis that I would advise you to memorize the 4th, 5th, 6th, and 8th amendments to the Constitution. That's the source, and the better you know that source the better you can apply it to fact patterns.
Sometimes, though, the source can get confused. For instance, while we've all heard the Miranda warnings: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense." But do you know where they come from? If you read the Constitution, you can't find that list anywhere. The Court used a (the 5th Amendment privilege against self-incrimination, the 6th Amendment right to a lawyer) to come to this conclusion. And while Miranda has been criticized heavily, it is still good law!
One other source question is in the right to counsel. It only appears once in the Constitution, in the 6th Amendment. BUT BE CAREFUL. The Supreme Court has also recognized a 5th Amendment (substantive due process) right to counsel--and it is different in many ways than the 6th Amendment right to counsel! So be sure you study that one carefully.
Criminal Procedure - Breaking it Down
The nice thing about CrimPro is that it can only come up in very limited circumstances, and those circumstances have factual "triggers" that you should use to alert you to the particular right that is being tested.
If you see homes or automobiles, for instance, look for 4th Amendment issues.
If you see arrests, interrogations, and confessions, think 5th Amendment and Miranda (and don't forget both types of the right to counsel).
If you see trials, pleas, or post-conviction actions, make sure you think about the 6th and 8th Amendments.
A Conclusion
Be sure to study carefully, and your questions are most welcome. Feel free to e-mail me!
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