Sunday, May 31, 2015

Last Blog Post

For my last blog post, I will talk about my plans for the future. I will be taking my accumulated knowledge from the senior project with me to UCI in the fall. It has been a great journey and time for the summer!


Thursday, May 21, 2015

Blog 23: Final Lesson Reflection

(1) Positive Statement

What are you most proud of in your block presentation and/or your senior project? Why?

I am most proud of my mock trial activity due to the fact that a lot of people were engaged, almost everyone participated and many told me that they enjoyed it.

(2) Questions to Consider

a.     What assessment would you give yourself on your block presentation (self-assessment)?

AE       P          AP       CR       NC

b.     What assessment would you give yourself on your overall senior project (self-assessment)?

AE       P          AP       CR       NC

(3) What worked for you in your senior project?

My research definitely worked the best for me, my sources were strong, my content was understandable throughout the presentation because I was able to grasp the info from my research.

(4) (What didn't work) If you had a time machine, what would you have done differently to improve your senior project if you could go back in time?

I was really nervous in my presentation, so I would go back and calm some of my nerves definitely. And since one of my research notebooks was lost, I would keep better track of them.
(5) Finding Value

How has the senior project been helpful to you in your future endeavors?   Be specific and use examples.

My senior proect was helpful because I want to study law in the future and in taking law classes I now have acquired tons of knowledge on the field as well as I now have a huge notebook and two law books to study from.

Tuesday, May 12, 2015

Blog 22: Mentorship

Content:
LIA Response to blog:
  
  Literal
·     Log of specific hours with a total and a description of your duties updated on the right hand side of your blog
See Senior Project Hours
·     Contact Name and Mentorship Place 
Robert Domineo and Public Defender's Office at the West Covina Courthouse

  Interpretive
     What is the most important thing you gained from this experience? Why?
The most important thing I gained is that I came to understand the work life of a lawyer in the courthouse. Previous to this project,  I didn't fully know what exactly criminal lawyers did. The only real knowledge I had was the cliche tv show lawyer concept. I got to see all the work and stress that the lawyers have to do out of the spotlight of the courtroom, and it was truly enlightening to experience. 

 Applied
     How has what you’ve done helped you to answer your EQ?  Please explain.
My experience at mentorship is what shaped my essential question. I focused on misedemeanor cases because that's what they focus on in the courthouse, and alot of what I saw when mentoring was the client interview. So, it also benefitted my research in comparison to what was happening in real life. It basically allowed me to fact check my research and see how beneficial or not what I was reading was. 


Wednesday, April 29, 2015

Blog 21: Exit Interview

Content:

(1) What is your essential question, and what are your answers?  What is your best answer and why?
EQ: What strategy is most beneficial to defend a client in a misdemeanor case?
Best Answer: The strategy that is most beneficial proactive listening to the clients specific needs and background story. Although both of my other answers were extremely beneficial, there were beneficial in only specific scenarios while this answer can be used in every single situation. 

(2) What process did you take to arrive at this answer?
Each of my answers were focused on the different stages of dealing with a client. First, the client interview, then arraignment, then trial. This answer had to do with the client interview, so while looking up strategies to interview I thought about psychology and how the therapists get clients to open up and I saw the connection between the two and looked for research in that area.

(3) What problems did you face?  How did you resolve them?
The problems were that a lot of the research was geared toward psychology, business, etc. And then I resolved that by basically looking for how it was similar and trying to find more strategies that lawyers shared that were helpful and matched the ones that were similar. 

(4) What are the two most significant sources you used to answer your essential question and why?
The two most significant sources I use to answer my essential question are:

California Criminal Law Procedure and Practice
 Ruddy, Sara H., Nancy Yuenger, and Jeff Adachi. California Criminal Law Procedure and Practice. Oakland, CA: Continuing Education of the Bar--California, 2008. Print.

and

Calfornia Penal Code
California Penal Code 2014 With Selected Provisions from Other Codes and Rules of Court: Desktop Edition.. California: West , 2013. Print.

These two are the most significant because they are both in use by the lawyers at my mentorship. The first really helped me understand how the courtroom works and the rules and regulations so I could understand the cases at mentorship and the ones I read for research. The second, is the law and charges in raw legal text. It's one of my most significant because it's basically a primary source of the law. 

Monday, April 27, 2015

April Post: Did he commit a crime?


In response to this short article, the question posed is whether or not the car maintenance person at the dealership committed a crime. 

The incriminating factor is that the dash cam picked up that the maintenance person achieved speeds of 96mph while doing a test drive. 

With short supply of evidence provided in the article, one can not be sure about the specific charges that would be brought up. But is it a crime to do this in a test drive?

I believe that some questions of background research should be done, 

Was there a necessity to achieve this speed to test the car? Although I have little knowledge about car maintenance, I highly doubt that it would be necessary.

Was this car being driven on a street with a set speed limit for safety reasons? If the car was breaching a speed limit then it is automatically considered breaking the law, which is a crime. 

Did this action breach some type of consumer contract of taking care of the car? If driving the car at that speed is detrimental to the vehicle, then it may cause a breach of contract which then raises legal concerns.

At this point, with such little information it is unknown whether this a crime or not. If it is not necessary to the testing of the car, then it should not be done. If it did not break any laws, it still should not be done. If it breached a consumer contract, it definitely should not be done. The pattern shows that even though the act is in question of being a crime, it is not in question of being something that should not have been committed. 

Skills for Presenting

Throughout my research, I found some skills to be helpful while giving speeches and arguments.

Many of the issues that come up throughout different speeches is that nervousness causes a involuntary change of breathing, rapidly increasing breath or lack of balance between each breath. When this occurs, it affects the speech making it seem unnatural due to pauses out of place to breathe.

In order to prevent this from happening, take calm monitored breaths before presenting. Then before starting breathe in, and exhale while speaking out. This will best apprehend uneasiness and unnatural breath.

Another issue that can be distracting while giving a speech is figiting and excess movement. This is caused by the adrenaline flow through the body and can be detrimental to the speech. Movements such as pacing or voice shakiness can distract the audience from the point of the speech.

The way to get rid of this to plant feet down and wiggle your toes to get the jitters out and then maintain a strong stance by having feet shoulder length apart and good posture. Having good posture shows that one has confidence in what they are saying and causes the audience to believe in more of what is being shared. Also an inviting posture attracts the audience to want to pay attention to the person speaking. When I gave a speech with a defensive commanding body structure, members of the audience picked up on that as a negative aspect of my presenting.

Nervous speakers often get tongue tied by saying the words too rapidly, which then confuses the audience and takes away from the argument at hand. In one debate, I spoke quickly giving off the sense of nervousness throughout. Although my arguments were stronger than those of my opponents, the audience still chose the winner to be my opponent due to the fact that I sounded weaker.

Apprehending this is simple, practice the speech. Learning the balance and importance of pauses throughout a speech can be greatly beneficial to persuading the audience. When writing a speech, put commas not only where it is grammatically correct but also when it is necessary for speaking as a reminder of when to pause. While reading a speech, try to maintain some type of balance throughout the flow of how you read each sentence, while still emphasizing on key words and phrases when necessary.

Altogether, these are the main concerns I found throughout my research and how to best overcome them.

They all are a part of maintaining my third answer which is having a clear and commanding presence while communicating.

Saturday, April 25, 2015

Blog 19: Independent Component 2

LITERAL


(a) Include this statement: “I, Givanti C, affirm that I completed my independent component which represents 32 hours of work.”


(b) Cite your source regarding who or what article or book helped you complete the independent component.
 Kuhn, Deanna, and Wadiya Udell. "The Development of Argument Skills." Education for Thinking. Web. 13 Mar. 2015.

(c) Update your Independent Component 2 Log (See Senior Project Hours link)


(d) Explain what you completed.    

For my independent component I studied skills toward persuasive argumentative techniques. I then used these techniques in debate throught the debate club at ipoly. I tried different forms of preparation, speaking tones, and body structure while giving speeches and debating. In debate, we do tournaments where a class of students vote and give feedback on the way both people argued and presented. Using the comments provided by the students,  I then came up with what I found to be successful and what did not work well. 


INTERPRETIVE 
Defend your work and explain the component's significance and how it demonstrates 30 hours of work.   Provide evidence (photos, transcript, art work, videos, etc) of the 30 hours of work.  


The purpose of my work was focused on my last answer in relevance to success during trials. In trials, attorney's have to persuade the jury to decide in their favor. I wanted to focus this independent component on how to be successful in persuasion and presentation. My research was the foundation for the trial and error process of this component. In trying the different strategies I found in research, I found the most beneficial techniques. 


APPLIED
How did the component help you answer your EQ? Please include specific examples to illustrate how it helped. 


This component specifically helped with my answer 3, which is having a clear and commanding presence while communicating. I found that I got the attention of more students when my body was positioned in an inviting manner rather than a defensive one. However, I needed to maintain confidence and strength in my position while still remaining to be inviting. Also, in accordance with being clear, no matter how great my evidence was, if I stuttered or faltered then I would immediately be seen as losing. Using both of those specific experiences, I found that my answer 3 remains with it's importance of specifying a clear and commanding presence. 

Tuesday, March 31, 2015

March Post

Testifying toward the Insanity Defense

    In my debate elective, we had to write and give a speech on anything we want as long as it is persuasive. I decided I wanted to persuade to my audience, the class, that a psychiatrist/psychologist should always testify in both legal and psychological terms the mental health of the defendant when the "not guilty by reason of insanity" defense is used.

Here are some important parts of my speech:

The insanity defense is one of the most well known forms of defense used in entertainment. In actuality,"Not guilty by reason of insanity" is a special verdict of acquittal in a criminal trial. The verdict grants that, although the accused committed the act in question, he cannot be held legally responsible because he was not sane at the time of the crime. Defendants thus acquitted are then usually committed to a mental institution for an indeterminate period and released upon the recommendation of institution psychiatrists at such time the psychiatrists consider the person "sane." Since the insanity defense originated almost 200 years ago, definitions used to describe insanity have broadened, and new variations of the defense have been developed, giving criminals ever-increasing chances of escaping the legal consequences of their acts.

The "not guilty by reason of insanity" (NGRI) verdict rests in part on two assumptions: that some mentally ill people cannot be deterred by the threat of punishment, and that treatment for the defendant is more likely to protect society than a jail term without treatment. It is important to note that "insanity" is a legal term, not a psychological one, and experts disagree whether it has valid psychological meaning.

Wednesday, March 11, 2015

Blog 18: Interview 4 Questions

1.) What strategies do you use when dealing with a client?

2.) What strategies do you find to be most helpful and why?

3.) How often do you speak directly with clients?

4.) What are some of the major concerns that occur when having client meetings?

5.) Do you try to use plea bargains as an efficient form of resolving a case? Why or why not?

6.) What are the top skills necessary to successfully work with a client? and why?

7.) Effective communication is something I found to be important, do you agree and how do you practice that skill?

8.) Looking back in time, what is one thing you wish you had done to prepare yourself for this job?

9.) How do you deal with problem clients?

10.) In trial cases how do you prepare yourself for speaking your case?

11.) What are some tactics you use while picking jurors?

12.) How do you know if a case is worth going to trial?

13.) In a scenario where a client wants to go to trial, and it seems unnecessary, do you still have to proceed regardless?

14.) Can u tell me about a situation where a case was handled successfully due to communication and why?

15.) What aspect of Criminal law do you use the most, and why?

16.) What do you think I should look into more for my research as it relates to my EQ?

17.) Do you have any ideas of activities that might explain/entertain a classroom about my topic?

18.) Currently, my most important form of research are my CalCrim and Penal Code books, do you have any others to suggest and why?

19.) If you had to answer my EQ what would your answer be and why?

20.) Moving on towards my 2 hour presentation, what are some key parts of Criminal Law that I need to make sure I cover?

Wednesday, March 4, 2015

Blog 17: Answer 3

Content:
  • EQ: What strategy is most beneficial to defend a client in a misdemeanor case?
  • Answer #3 (Write in a complete sentence like a thesis statement)*
The strategy that is most beneficial to defend a client in a misdemeanor case is to have confidence and a commanding presence while communicating.
  • 3 details to support the answer (a detail is a fact and an example)
In trials, a defense attorney has to convince a jury that the client is not guilty of the charges brought up by the prosecution. If the attorney is unable to speak with confidence and communicate his/her case then they will significantly lose the jurors.

This also happens during arraignments, a defense lawyer must speak with each of the clients and speak with the judge. They must communicate to the judge that the client understands the charges as well as represent their client. 

Lawyers spend almost the entirety of the day speaking with witnesses, translators, judges, and other people who work in the courthouse. In order to successfully defend a client, especially through the trial process, they must be able to take command of the courtroom and present the information necessary.
  • The research source (s) to support your details and answer
Alot of my "research" for this came through being at my mentorship and witnessing what each lawyer had to do throughout the day. So I would cite my mentorship, the Public Defender's Office at the West Covina Courthouse.
  • Concluding Sentence
In summation, my third and final strategy I to be found beneficial to defend a client in a misdemeanor case is to be able to communicate with a clear and commanding presence. I found this by spending time at my mentorship and witnessing what the lawyers had to do the most, which was communicate. 

Saturday, February 28, 2015

February Post: Extending the Presidential Term


       One thing I found interesting while reading a Carribbean newspaper was that a country, called Guyana, had numerous people, including politicians, who wanted to extend the presidential term limt for previous president Bharrat Jagdeo. Due to the high popularity of Jadgeo, this became a huge controversial topic. Although many supported this, it was deemed unconstitutional to remove the term limit and thus a new president was elected, Donald Ramotar. Ramotar has been in presidency for 3 years and 87 days. I found this all very interesting because this is a place that I have family connections to as well I have been there before. It's also very intriguing to read about political issues of another country.
Donald Ramotar, President of Guyana

Wednesday, February 18, 2015

Blog 16: Answer 2

1.  What is your EQ? 
What strategy is most beneficial to defend a client in a misdemeanor case?

2.  What is your first answer? (In complete thesis statement format)
The most beneficial strategy to defend a client in a misdemeanor case is to try and get a plea bargain.

3.  What is your second answer? (In complete thesis statement format)

Another extremely important strategy that is beneficial to defend a client is to use proactice listening to the client's specific background story and needs.

4.  List three reasons your answer is true with a real-world application for each.

1. Each client is different and has a unique life situation, for example, if a lawyer does not know that a client is undocumented they can ultimately cause deportation.

2. I defined beneficial as for both the client and the lawyer. In a real life situation the job of the defense lawyer is to get the best deal for the client, if the lawyer does not listen then they won't be able to understand the client's needs.

3.The client meetings are very crucial and the lawyers must practice proactive listening. Public defenders must meet quickly and efficiently with many clients throughout the day so they must be able to allow the client to give as much info as posssible and then be able to comprehend it before helping the client make a decision.


5.  What printed source best supports your answer?


Ruddy, Sara H., Nancy Yuenger, and Jeff Adachi. California Criminal Law Procedure and Practice. Oakland, CA: Continuing Education of the Bar--California, 2008. Print.

6.  What other source supports your answer?


Honestly, my other source is my mentor and the other lawyers at the public defender's office when I shadow them 

7.  Tie this together with a  concluding thought.


Through more research and experience, I have found my second answer to be that the use of proactive listening to the client can greatly benefit the outcome of the help from the lawyer. 

Wednesday, February 11, 2015

Blog 15: Independent Component 2 Approval

Content: 

1.  Describe in detail what you plan to do for your 30 hours.
 For my 30 hours, I plan to spend the time working on Speech & Debate. Basically, my next focus for research is going to be geared toward trials. From what I've witnessed and researched so far, trials are of similar structure as Public Forum debates. So I am going to prepare and work on those skills by researching and competing in the next Public Forum debates coming up. 

2.  Discuss how or what you will do to meet the expectation of showing 30 hours of evidence. 

 As far as evidence is concerned, I can turn in my speeches that I have written and the Judges notes and pictures as proof I worked and competed.

3.  Explain how this component will help you explore your topic in more depth.

I stated this in #1, but this will benefit my exploration of my topic through providing me with skills necessary to public speaking as required to be a public defender. It also gives me experience with the structure of a debate which happens to be similarly structured to a misdemeanor trial thus giving me a better understanding of the process and extent of research required to be successful. 


Thursday, February 5, 2015

Blog 14: Independent Component 1

Content:

LITERAL
         (a) Write: “I, Givanti Chatapal, affirm that I completed my independent component which represents 32 hours of work.”
         (b) California Penal Code 2014 With Selected Provisions from Other Codes and Rules of Court: Desktop Edition.. California: West , 2013. Print.
         (c) Update your hours in your Senior Project Hours link. Make sure it is clearly labeled with hours for individual sessions as well as total hours. See Senior Project Hours (right column).
        (d)I continued my mentorship at the West Covina Public Defenders Office doing exactly the same things as I had been doing throughout the summer and this year. Which was shadowing the lawyers through client meetings and arraignments, and also helping out in the office mostly doing clerical work.

 INTERPRETIVE 

             The reason I chose to continue doing this is that with more experience in the office and shadowing I get a feel of what it would be like doing this as a career and also the second hand work that is provided for the lawyers to be able to do their jobs. Doing more mentorship is valuable to me because being there is where I get the most information about how to go about doing the research that I read in real life. Also, a lot of my research are about laws and how to go about processes in the courtroom and through mentorship I can see how to do those things successfully and the different ways each of the lawyers in the office proceed to do them. 

APPLIED

             This component helped me grasp the concept of how to successfully run a client meeting and understand more about arraignments. More experience with the client meetings was probably the most beneficial because that is what the Public Defenders spend most of their time doing and it helped me understand my answer 1 more because you have to talk to the client before you can accept a Plea Bargain, which is my answer 1. More specifically, I got to see situations where clients denied the plea bargain and moved on to trial. In seeing this, I knew that my next focal point of research would be on how to successfully get the best decision out of a trial for the client. 



Front view of the West Covina Courthouse
The back/employee entrance to the courthouse

       Inside the Courthouse
   

Thursday, January 29, 2015

January Post: Opening Research

After presenting on my answer 1, I would now like to focus my research on trials and how to successfully get the best result for your client. 

So far I have started researching into Opening Statements. Basically what happens is that both sides use this time to tell the jurors strictly something factual about the case. 

The prosecution usually gets to speak first due to the fact that they have the burden of proof in the case, and if it was a civil case then the plantiff would be allowed to speak first. In criminal trials, the burden of proof basically is that the government must prove guilt beyond a reasonable doubt. The defense does not need to prove innocence so the burden is on the government. 

Also, either side is allowed to opt out of an opening statement but that rarely happens. 

This is just a small intro to Opening Statements, which are the beginnings of a trial, and thus the beginning of my research. 

Tuesday, January 27, 2015

Blog 13: Lesson 2 Reflection

Content:

1.What are you most proud of in your Lesson 2 Presentation and why?


     I am most proud of my content explanation in my Lesson 2 presentation because it was literally things that I knew and people told me after my presentation that they actually learned which means I did that part successfully. 
2. a.     What assessment would you give yourself on your Lesson 2 Presentation (self-assessment)?

       AE       P          AP       CR       NC

     b.     Explain why you deserve that grade using evidence from the Lesson 2 component contract.


I successfully completed all the requirement to get a P from the lesson 2 contract by making time, talking about in depth research, my activity was engaging, and I believe I presented it all well. 

3. What worked for you in your Lesson 2?
  

What I found to be really enjoyable while presenting is giving real life scenarios and stories that people can relate to that way they can understand the law better. 

4. What didn't work? If you had a time machine, what would you have done differently to improve your Lesson 2?

I would go back and work on my activity a little more and make it smoother so I would have more time for my conclusion.

5. What do you think your answer #2 is going to be?


I think my answer two will pertain to trial tactics and ways to successfully win over a jury.

Thursday, January 8, 2015

Blog 12: Mentorship 10 Hours

Content:

1.   Where are you doing your mentorship?

          West Covina Public Defender's Office

2.   Who is your contact?

           Joseph Kang

3.   How many total hours have you done (total hours should be reflected in your mentorship log located on the right hand side of your blog like your WB)?
                81

4.   Summarize the 10 hours of service you did.

               I basically shadowed the lawyers or helped in the reception of the office doing things like filing, answering phones, and helping people fill out expungement forms. 

Monday, January 5, 2015

Blog 11: Holiday Project Update


Content:

1.  It is important to consistently work on your senior project, whether it is break or we are in school.  What did you do over the break with your senior project?
       

        I finally got back into contact with my mentorship and they are working on getting another approval for me to go there and help out. 
   

2.  What was the most important thing you learned from what you did, and why?  What was the source of what you learned?


        As far as learning, I truly realized that for me to be able to help that it was not as easy and just going in there and helping. I took my job seriously before, but now it's more important because I know that I am trusted to be able to work with confidential information. The source of how I learned this was because it was so hard to get back into contact with my mentor and I am barely being able to get more experience again.

3.  If you were going to do a 10 question interview on questions related to answers for your EQ, who would you talk to and why?


      I would want to talk to a lawyer, preferably the ones in my mentorship or other public defenders. Simply because my EQ has to do with their job responsibilities and they are the most educated and experienced about what they do.