{"id":1138,"title":{"rendered":"The Special Advocate"},"content":{"rendered":"

\r\nAlisha Marie S. Nair\u200a1<\/a>\u200a<\/span><\/sup>\r\n<\/p>\r\n

\r\n<\/a>When I think of a good advocate, I always vividly recall my first time watching the closing argument scene in A Time to Kill<\/cite>.\u200a10<\/a>\u200a<\/span><\/sup> the accused makes the final determination whether to go to trial. The two potential outcomes usually hinge on the client\u2019s needs. For example, take a young woman attending college at a local university, charged with a felony drug offense for possession with intent to distribute a controlled substance. The young woman receives, and signs for a package for her significant other at their shared apartment. Unbeknownst to the young woman, the package contains cocaine, there is evidence of her accepting three separate packages on prior occasions, and the government has a witness who will testify that the young woman knew her significant other was a drug dealer.\r\n<\/p>\r\n

\r\n<\/a>If the young woman enters a plea of guilt or goes to trial and is convicted of a felony drug crime, she loses the ability to receive federally funded financial aid for her tuition.\u200a14<\/a>\u200a<\/span><\/sup> However, if she engages in plea negotiations with the government to cooperate, she could enter a plea of guilty to a misdemeanor. This would allow her to keep her federally funded financial aid. Under these circumstances, even though the young woman proclaims her innocence, she may or may not wish to risk going to trial and being found guilty of a felony. The young woman\u2019s needs are to continue receiving federally funded financial aid, and to remain in school so that she can complete her education and eventually become self-sufficient.\r\n<\/p>\r\n

\r\n<\/a>If an advocate were not to communicate with this young woman in a meaningful way, like Mr. Brigance, then there would be no way of knowing she values ensuring her financial aid, which necessitates only having a misdemeanor on her record. Knowing this crucial piece of information allows an advocate to better tailor their representation to the individual client. This not only results in a more acceptable outcome for the client, but can leave an advocate with a sense of peace knowing they did they did the best they could for the client, with the client\u2019s overarching objective in mind. \r\n<\/p>\r\n

\r\n<\/a>Non-Verbal Communication\r\n<\/h3>\r\n

\r\n<\/a>As stated above, connecting is done through communication, but not all communication is verbal. Dr. Albert Mehrabian discerns that at least 55% of communication is non-verbal.\u200a15<\/a>\u200a<\/span><\/sup> Senator John Kennedy\u200a20<\/a>\u200a<\/span><\/sup> Because it is impossible to guarantee a result from a closed deliberation, the safest route will be a plea. \r\n<\/p>\r\n

\r\n<\/a>As discussed above and in Carl Lee Hailey\u2019s circumstance, the decision is left with the client after receiving competent advice from counsel. The decision will be made taking into account the needs of the client coupled with the relationship between the advocate and client. \r\n<\/p>\r\n

\r\n<\/a>VI. Conclusion\r\n<\/h2>\r\n

\r\n<\/a>To sum up the argument, it is not that an advocate knows what is best for the client; but it is that a special advocate takes the time to discern the needs of the client to provide options that will assist the client in making the best decision. Advocacy is not an innate skill, it takes time and patience to prefect. It occurs through trial and error. The practice of law is always developing so long as the advocate continues to engage in the practice. \r\n<\/p>\r\n

Footnotes<\/h2>
\u200a1<\/a>\u200a<\/span>Alisha Marie S. Nair is an Assistant Federal Defender for the Middle District Of Florida. Mrs. Nair has dedicated her career to providing a voice for those who are often unheard. She dedicates this article to her husband, Arjun, and daughter, Janet. Loving a defender who gives her all to clients can be a daunting task.<\/div>
\u200a2<\/a>\u200a<\/span>Kevin Lineberger is a candidate for Juris Doctorate at Stetson University College of Law, class of 2020. Kevin is currently an Editor on the Stetson Journal of Advocacy and the Law<\/i>, and is Research Editor for Stetson Law Review<\/i>.<\/div>
\u200a3<\/a>\u200a<\/span>Phyllis E. Mann, Understanding the Comparison of Budgets for Prosecutors and Budgets for Public Defense<\/cite>, Nat'l Legal Aid & Def. Ass'n<\/a><\/span> (Feb. 9, 2011).<\/div>
\u200a4<\/a>\u200a<\/span>Toni Messina, Criminally Yours: Prosecutors vs. Defense Attorneys \u2014 Who\u2019s Got it Worse?<\/cite>, Above the Law<\/a><\/span>, (July 18, 2016).<\/div>
\u200a5<\/a>\u200a<\/span>Model R. Prof\u2019l Conduct<\/span> 1.1<\/a> (<\/span>Am. Bar Ass\u2019n 2018).<\/div>
\u200a6<\/a>\u200a<\/span>Phil McCausland, Public Defenders Nationwide Say They\u2019re Overworked and Underfunded<\/cite>, NBC News<\/a><\/span> (Dec. 11, 2017).<\/div>
\u200a7<\/a>\u200a<\/span>Model R. Prof\u2019l Conduct 2.1<\/a><\/span> (Am. Bar Ass\u2019n 2018).<\/div>
\u200a8<\/a>\u200a<\/span>John Grishman<\/span>, A Time to Kill<\/cite> (1988). <\/div>
\u200a9<\/a>\u200a<\/span>Advocate<\/cite>, Merriam-Webster.<\/a><\/span><\/div>
\u200a10<\/a>\u200a<\/span>A Time To Kill<\/span> (Warner Bros. 1996).<\/div>
\u200a11<\/a>\u200a<\/span>Model R. Prof\u2019l Conduct 1.2<\/a><\/span> (Am. Bar Ass\u2019n 2018).<\/div>
\u200a12<\/a>\u200a<\/span>Model R. Prof\u2019l Conduct 1.14<\/a><\/span> (Am. Bar Ass\u2019n 2018).<\/div>
\u200a13<\/a>\u200a<\/span>What is a Guardian Ad Litem?<\/cite>, Legal Aid<\/a>.<\/span><\/div>
\u200a14<\/a>\u200a<\/span>Students with Criminal Convictions Have Limited Eligibility for Federal Student Aid<\/cite>, Federal Student Aid<\/a>.<\/span><\/div>
\u200a15<\/a>\u200a<\/span>Albert Mehrabian, Silent Messages 43<\/span> (1971).<\/div>
\u200a16<\/a>\u200a<\/span>Eric Newton, Art as Communication<\/cite>, 1 The British J. of Aesthetics 71<\/a> (1961).<\/div>
\u200a17<\/a>\u200a<\/span>Albert Mehrabian, Silent Messages<\/cite> <\/span>1\u20138, 14\u201316, 25, 42 (1971).<\/div>
\u200a18<\/a>\u200a<\/span>Judiciary Committee Releases Transcripts of Kavanaugh Interviews<\/cite>, Senate Judiciary Committee<\/a> (<\/span>Sep. 26, 2018).<\/div>
\u200a19<\/a>\u200a<\/span>Brett Kavanaugh<\/cite>, Biography<\/a>.<\/span><\/div>
\u200a20<\/a>\u200a<\/span>John Kennedy, Senator (R) from Louisiana<\/a>.<\/div>
\u200a21<\/a>\u200a<\/span>Cindy Lamothe, Let\u2019s Touch: why physical connection between human beings matters<\/cite>, The Guardian<\/a> (<\/span>Jan. 3, 2018).<\/div>
\u200a22<\/a>\u200a<\/span>Ku Klux Klan: A History of Racism<\/cite>, Southern Poverty Law Center<\/a> <\/span>(Feb. 28, 2011).<\/div>
\u200a23<\/a>\u200a<\/span>Alan Taylor, 1964: Civil Rights Battles<\/cite>, The Atlantic<\/a><\/span> (May 28, 2014).<\/div>
\u200a24<\/a>\u200a<\/span>Peter A Joy, Race Matters in Jury Selection<\/cite>, 109 NW. U. L. Rev. 180<\/a> (<\/span>2015).<\/div>
\u200a25<\/a>\u200a<\/span>Implicit Bias: Is everyone racist?<\/cite>, BBC News<\/a><\/span> (June 5, 2017).<\/div>
\u200a26<\/a>\u200a<\/span>Howard Ross, Exploring Unconscious Bias<\/cite>, Diversity Best Practices<\/a> <\/span>(2008).<\/div>
\u200a27<\/a>\u200a<\/span>Crystal S. Yang, Free at Last? Judicial Discretion and Racial Disparities in Federal Sentencing<\/cite>, 44 J. Legal Stud. 75, 77<\/a> (2015).<\/div>
\u200a28<\/a>\u200a<\/span>21 U.S.C. \u00a7\u00a7 841(b)(1)(C)<\/a>, 841(b)(E)(ii) <\/a>(2018).<\/div>
\u200a29<\/a>\u200a<\/span>Model Rules of Prof\u2019l Conduct<\/span> 1.3<\/a> (<\/span>Am. Bar Ass\u2019n 2018).<\/div>
\u200a30<\/a>\u200a<\/span>Fed. R. Evid. 606<\/a>.<\/span><\/div>\r\n","protected":false},"excerpt":{"rendered":"

Alisha Marie S. Nair & Kevin Lineberger <\/p>\n","protected":false},"meta":{"_citation":"6 Stetson J. Advoc. & L. 121 (2019)","_first_para":121,"footnotes":""},"class_list":["post-1138","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-23"]}