Sports and Law: A Combination That Comes Together
McManus & Amadeo, PLLC Blog
by McManus & Amadeo PLLC
2y ago
In the field of law, there is a process that must be in place. You have to graduate from college and take the LSAT to get into law school. After that, you then have to attend an accredited law school and have a high enough grade point average to get to the next step. From there, you have to pass the bar exam. These rules require 19 years of schooling and bar exam preparation, which is not exactly how things may be done in California. (See Kim Kardashian for further explanation). What is missed along the way is the makeup of what brought your attorney to the place where you decided to hire them ..read more
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Did Kyle Rittenhouse Have to Testify to be Found Not Guilty?
McManus & Amadeo, PLLC Blog
by McManus & Amadeo PLLC
2y ago
The Kyle Rittenhouse trial has divided the nation. From President Joe Biden using the theme of “White Supremacy” with the allegations to many of Donald Trump supporters arguing this was a case where self-defense was necessary, political affiliations and the rise of COVID-19 had the nation drawn to this trial. When the jury had spoken, Rittenhouse was found not guilty, which has sparked many protests from groups such as “Black Lives Matter” and the “ACLU.”  The question we address today is whether a different outcome would have occurred had Rittenhouse not taken the stand? To gain insight ..read more
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Trial Publicity: When Venue Becomes Compromised
McManus & Amadeo, PLLC Blog
by McManus & Amadeo PLLC
2y ago
When criminal cases become part of the media, bias may kick in. In some cases, a prosecutor can utilize the press to convict someone outside of the courtroom. In other cases, the defendant can utilize a platform where empathy can be provided for a client they feel is innocent. If it were not for the media, we would not have “The West Memphis 3” (https://famous-trials.com/westmemphis) and Ryan Ferguson. (https://www.cbsnews.com/news/ryan-ferguson-wrongfully-convicted/). For every one of these cases, there is an abundance of people that get convicted in the media. To discuss this matter, we have ..read more
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The Brady Rule: When the Prosecution Violates the Constitution
McManus & Amadeo, PLLC Blog
by McManus & Amadeo PLLC
2y ago
In 1963, there was a case that changed the face of criminal law. The case was heard before the United States Supreme Court, and it was Brady v. Maryland. In Brady, the doctrine or rule (the terminology depends on who you speak to) requires that the prosecution must turn over all exculpatory evidence to the defendant in a criminal case. Exculpatory evidence is evidence that might exonerate the defendant. To learn more about this, we spoke to some of the top lawyers in the State of Michigan. Matthew McManus is the Managing Member of McManus and Amadeo in Washtenaw County, Michigan. (www.Mcmanusa ..read more
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Trial By Media: When Facebook (NASDAQ: FB), Google, and Instagram Control the Dialogue
McManus & Amadeo, PLLC Blog
by McManus & Amadeo PLLC
2y ago
In criminal law, the Media plays a key role. Media, in particular, social media, can compromise a jury pool. What is said on Facebook can destroy a prosecutor’s career, and it can determine a judicial election. During Covid-19, the aspect of law being discussed in the media has developed into a sensation that has taken on a life of its own. To discuss this issue in more detail, we spoke to several of the top attorneys in the State of Michigan. Matthew McManus is the Managing Member of McManus and Amadeo in Washtenaw County, Michigan. (www.Mcmanusamadeo.com).  McManus is known as one of th ..read more
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CPS: An Extension of the Prosecution?
McManus & Amadeo, PLLC Blog
by McManus & Amadeo PLLC
2y ago
When a criminal defendant is accused of harming a child, they have to deal with several entities: the police, the prosecutor, the judge, and even Child Protective Services (CPS). When a child is hurt, our instincts are to protect the youth, but what happens when the child is lying or being taught to create a story. Custody battles, mental health concerns, and a lack of evidence often come into the equation of these criminal prosecutions. One entity often overlooked is the role that Child Protective Services can play in criminal prosecution. To learn more about this subject, we spoke to several ..read more
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Romeo and Juliet or a Question of Politics
McManus & Amadeo, PLLC Blog
by McManus & Amadeo PLLC
2y ago
The issue of teenagers having sex has been a debate for the Michigan Legislature for many years.  While it may be a regular thing for a high school senior to have sex with a first-year high school student, this is still a crime and is phrased as a charge of Criminal Sexual Conduct (CSC 3) under current legislation. When the two consenting parties have consensual sex, we are dealing with the “Romeo and Juliet” law. Under the Romeo and Juliet law, while Michigan recognizes that teenagers engage in consensual sex, it still prohibits such acts. It simply changes the punishment with the unders ..read more
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Police Lineups: Justice or Suggestion
McManus & Amadeo, PLLC Blog
by McManus & Amadeo PLLC
2y ago
The police lineup has been a technique for a witness to identify a defendant they had no prior connection to for decades. It was always believed that the police lineup presented eyewitness testimony. As such, there was no better evidence (other than a confession). Throughout the years, we have learned that the police lineup can be a compromised situation. The rules of the lineup are enough; the problem is the application of said rules. Lineups are not supposed to be suggestive. As the physical lineup is deemed a critical stage, a right to counsel is supposed to be present. In a perfect world ..read more
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Decision Fatigue: The Opposite of the Speedy Trial and the Unwanted Friend of Covid 19
McManus & Amadeo, PLLC Blog
by McManus & Amadeo PLLC
2y ago
Decision fatigue is an overlooked topic that has played a vital role in the Michigan Criminal Justice system for many decades. In the advent of Covid-19 (https://www.michigan.gov/coronavirus/), the concept has taken on a life of its own. While many people argue for a speedy trial, the theory of decision fatigue can play a role in advocating for the criminal defendant. Suppose we look up decision fatigue in Webster’s Dictionary (https://www.merriam-webster.com/). In that case, it is defined as the deteriorating quality of decisions made by an individual after a lengthy decision-making session ..read more
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Fetal Alcohol Syndrome: An Issue Often Missed By Defense Counsel
McManus & Amadeo, PLLC Blog
by McManus & Amadeo PLLC
2y ago
Fetal Alcohol Syndrome is a condition that affects an individual before their birth. Many defendants in the criminal justice system have suffered from this syndrome without ever expressing such to their attorneys. Today, we will explain the syndrome and gain insight from leaders of the Michigan legal community. Fetal alcohol syndrome is a child’s condition that results from alcohol exposure during the mother’s pregnancy. Fetal alcohol syndrome causes brain damage and growth problems. The problems caused by fetal alcohol syndrome vary from child to child. Still, defects caused by fetal alcohol ..read more
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