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Shiners Case Study

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Question Presented: Whether President Doe was wrong to decide, during his meeting with the American Bar Association to suspend the Shiners rights to trial, within the newly implemented Ethical Canon which was created specifically for the Shiners; was there any, Model Rules of Professional Conduct that were violated? Brief Answer: Yes. To decide first to suspend the Shiners right to trial is a violation to their fundamental rights, which are protected by the Constitution of the United States. All citizens are granted “the essential guarantee of the due process clause is fairness. The procedure must be fundamentally fair to the individual in the resolution of the factual and legal basis for government actions that deprive him [or her] of life, liberty or property.” (Nowak, 2010, pg. 356) Then to implement an Ethical Canon, which was specifically designed to take away all rights to a fair trial against the State of Florida; this if taken to Court will result in a very unfair trial for the Shiners, they will mostly lose their case. Facts: On March 15, 1863 a volcano erupted just 5 miles from Florida; which created a small island. Although the island was considered inhabitable the United States had jurisdiction over the island. A ‘session group called the Shiners’ moved from 1964 took over the …show more content…

This canon focused on the Shiners obtaining Legal representation, which in the first Anti-Shiner canon states that they cannot have any legal representation at all. If a Shiner then tries to obtain a private counsel they do have that option; however, there are a list of things that a private counsel cannot do for a Shiner when representing them. Private Counsel for a Shiner is forbidden to discuss the legal consequences of the case with the Shiner. The case can be taken on without any plans to complete the proceedings of the Shiners

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