“On Wednesday, the U.S. Supreme Court hears arguments in a case with a surprise plot twist: The jurors were told that the accused was guilty of a triple murder — not by the prosecutor, but by the defense lawyer,” writes Nina Totenberg in their recent NPR article entitled “Do You Have The Right To Plead Not Guilty When Your Lawyer Disagrees?”
What Totenberg explains sparked our interest.
According to the article, "there is no way reasonably possible that you can listen to the evidence and not come’ to that conclusion, he said.”
“In an effort to avoid the death penalty, the defense lawyer refused to follow the instructions of his client, who contended he was innocent. The question before the justices is whether that violated the client's constitutional right to counsel,” explains Totenberg.
Well, this is getting interesting.
According to Totenberg, here’s what happened that led to this trial:
“In 2008 Robert McCoy's wife, Yolanda, took her infant daughter and fled Bossier, La. after her husband held her at knife point and threatened to kill her. She left her 17-year-old son with her parents in Bossier so he could finish high school and graduate, and went into protective custody in Dallas.”
The article goes into further detail, and we recommend you read the remainder – it’s a thought-provoking read.
But today, we want to take the insight from this Totenberg’s article in a different direction.
We’re going to discuss your right to plead “Not Guilty!” and what you need to put in place to help your efforts.
Keep reading; we’re going to share our thoughts below.
Reduce Your Risk So You Can Say “Not Guilty!”
You know the risk associated with running a property.
Does that word [risk] give you anxiety?
It does to us, which is why we work so hard to help properties reduce theirs.
We don’t want cases like the above to influence your ability to plead not guilty when it matters most.
You need confidence and peace of mind knowing your property is safe – and that you’ve reduced your risk today, tomorrow, and five years from now.
But, you might be wondering how you can achieve this so that you’re not always questioning your property’s future.
Is that true?
Don’t fret; we’ve got you covered.
You need to have intense focus on your documentation efforts.
No, we’re not talking about writing stuff down using pen and paper – that’s way old school!
We’re talking about capturing accurate and complete documentation of everything that occurs on your property using an operations management solution. The type of software proactive operations are using.
When we say everything, we mean it.
- Questions from customers and your team’s responses
- Reports of suspicious persons and any pictures or video
- Assaults on property and the resolutions
- Slip & falls and any medical details
- Employee theft reports
- Missing possessions, who reported, who’s missing it, and where it’s stored
- Lost children and their description
The list goes on and on, and so should your ability to capture these details.
Let’s be honest; you never know who will come back in a few years claiming your property was negligent in some manner.
Have the confidence knowing you’re ready for it when it happens.
With that being said, it’s time for a solution.
Maximizing Your Innocence With a Proactive Solution
The verdict is in: you’ve got access to solutions that help your plea!
Now, you just have to implement one.
Eliminate the stress and adverse effects of not having the ability to digitally and efficiently document essential information, and then communicate it at the speed-of-type™.
You need to capture everything about issues and incidents to strengthen your position at all times.
Agree?
That’s why you need to be able to document details and capture all related information, inclusive of pictures, videos, witness statements, signatures, and all other relevant information about an issue or incident
- Link associated records
- Lock records to prevent tampering or unapproved changes
- Track who amends a record and when they made changes
Include everything – all bases are covered!
How’s that for a solution leading to “Not Guilty?”
And like we said, we’re not attorneys, but Steven A. Adelman of Adelman Law Group, PLLC in Scottsdale, Arizona is:
"In a lawsuit, if something is not documented, it is as if it did not happen because witness memories are unreliable. And if an incident is documented poorly, either because it is substantively incomplete or just looks sloppy, a jury might conclude that the author is casual about following important policies and procedures."
You don’t want to be “casual” do you?
Then, let’s not waste time.
Over to You
Reducing risk should always be high on your list of priorities. What you put in place today is the most important too because once something occurs, it’s later that you’ll feel the effects.
It’s critical that you’re proactive in your efforts to protect your property from liability. A solution for your needs exists – you just have to get it in place.
Do it now so “Not Guilty!” is your right.
(Disclaimer: we’re not attorneys, don’t ever claim to be, and would never recommend taking our opinion as legal advice.)
