...Assignment 1: Ethics for Prosecutors and Defense Attorneys Due Week 4 and worth 140 points Research the Internet or the Strayer Library for two (2) separate criminal cases where a: a. Prosecutor violated the Attorney Professional Code of Conduct. b. Defense attorney violated the Attorney Professional Code of Conduct. Write a three to five (3-5) page paper in which you: 1.Summarize the facts of the cases, analyzing the roles of the prosecutors and defense attorneys, and detailing what violations of code of conduct were alleged to have occurred. 2.Determine which duties were breached and what the prosecutor and defense attorney should have done to comply. 3.Deduct the professional and / or personal ramifications of the alleged shortcomings. 4.Research and cite at least four (4) peer-reviewed sources in addition to the text. Access to the Strayer Learning Resource Center is available to students, including Lexis-Nexis and EBSCO. Note: Wikipedia and similar Websites do not qualify as quality resources. Your assignment must follow these formatting requirements: •Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA format, including in-text citation. Check with your professor for any additional instructions. •Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title and the date. The cover page and the reference page are not...
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...Calling Your Bluff: How Prosecutors and Defense Attorneys Adapt Plea Bargaining Strategies to Increased Formalization by Deirdre M. Bowen People have long debated whether plea bargaining is the best way to handle felony cases in the justice system. This article focuses on a reformed, institutionalized way to plea bargain. The author researches the King County Prosecutors rationalized approach to the way the Early Plea Unit handles their cases. Ms. Bowen states in her article that all authors reviewed agree that, “plea bargaining under an imbalanced system does not achieve justice, much less arrive at something that resembles empirical or legal truth, institutionalized plea bargaining best resembles the criminal justice system’s desire to create efficiency, calculability, predictability, and control in the processing of defendants, and that reform should work to balance the power between the prosecutors and defense team.” (Bowen) Each reviewed author had a little different way to achieve that balance. Uviller (2004) thinks that the system should resemble at factory type approach. The first stage is the charging stage. The case enters the system and is reviewed for the most obvious, easy to prove, and reasonable charges. It then would move to the adjudication. In this stage the negotiating attorney would attempt to make a deal with defendant in order to get a guilty plea. If a deal cannot be reached, the case would then be transferred to the trial team in preparation...
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...Defense Paper Peyton Rumbo CJS/220 Amanda Eicher 28 July 2013 A prosecutor and a defense attorney are different in a lot of ways. The prosecutor works for the plaintiff and the state's case, and they show the gathered evidence that proves that the person accused of the crime is guilty of committing it. The defense attorney's job is to give evidence that proves that the accused is not guilty. If you are accused of a crime, you will share a table at the trial with the defense attorney. The prosecutor tries to prove your guilt, while the defense attorney does their best to prove that you are innocent. The defense attorney works on their own for you, but the state pays the prosecutor. A person can, and would, hire a defense attorney, but never a prosecutor. Even though public funds are paid to prosecutors, they are not employed by the government. The person who they defend pays the defense attorney – the prosecutor is responsible for representing the government when they bring a suit against an accused criminal. The prosecutor's job title is different in each jurisdiction, but they are often called the district attorney, county attorney, state attorney, city attorney, or United States attorney. The prosecutor is charged by the public with punishing people who commit crimes, so that they can protect law-abiding citizens. The defense attorney has to protect the rights of people who are accused of a crime. If I was to become a lawyer I would definitely want to be the prosecutor...
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...own jurisdiction but depending on the crime they are still part of the two main systems: State criminal justice systems handle crimes committed within their state boundaries and Federal criminal justice system handles crimes committed on federal property or in more than one state. In the criminal justice system there are five components law enforcement officers, prosecution, defense attorneys, courts, and corrections. Each of the five components plays a key role in the criminal justice process. Far more importance is how victimization affects the roles of the prosecutor, defense attorney, criminal and victim. Prosecutor is to prosecute criminal within their jurisdiction. They are the administrator of justice, an advocate, and an officer of the court who representing the people in a trial. Prosecutor works with their local law enforcement agencies to prosecute criminals and to provide legal advice on functions and duties in a criminal matter. If there is any conflict of interest during a trial prosecutor must excuse themselves from the trial and have another prosecutor to trial the case. Prosecutor should not allow personal, ideological, or political beliefs to interfere with the professional performance of official duties (1993, p. 24). The duty of a...
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...Prosecution versus Defense William J Brenengen CJS/220 Feb 10, 2012 Harvey Smith Prosecution versus Defense One would hope the time to retain an attorney will never come. Life has a way of throwing things at us, and it’s up to us to be prepared. If the time should happen to come, it helps to know a little about the prosecutor and the defense attorney. A defense attorney is the person who will provide legal representation if you are ever arrested and charged with an offense. Another reason to have a defense attorney would be if your name is ever mentioned or brought up in a lawsuit. The primary role of a good defense attorney is to represent their client and defend them in any type of lawsuit. If you ever get charged with a crime you will be represented by a criminal defense attorney. Crimes range from rape, murder and driving while under the influence. It is the defense attorney’s job to protect your rights and to above all, represent you. “The criminal defense attorney may assist with appeals as well” (Nogara, 2013). When a person’s name is brought up in a lawsuit a civil defense attorney will be representing them. This attorney will again provide all legal representation and offer reasons why you should not be held liable. Their job is to review all the information provided in the case and work with you the defendant to establish a good defense. A prosecutor on the other hand has three major roles to play. The first being the investigation of the crime...
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...roles that will be discussed are prosecutor, defense attorney, criminal, and the victim. Then discuss the goals of sentencing associated with each role and alternative sanctions. Finally, identify any recommendations that regarding victims’ rights. The criminal justice system protects individuals and their property from harm. It allows governments to collect taxes and provides a peaceful way for individuals and institutions to resolve conflicts. The criminal justice system also punishes offenders and attempts to rehabilitate them. A prosecutor is responsible for representing legal actions in criminal proceedings. The prosecutor works for the state and the local community regarding complaints against criminal defendants. The prosecutor must convince the jury that the evidence being presented is enough to find the defendant guilty of the crimes he or she has committed. Prosecutors are searching to give the guilty a ruthless sentence that they try to find the defendant guilty after the evidence is presented to the courts and are able to drop or reduce charges during the case (Prosecutor, 2012). A defense attorney is an attorney that the defendant can hire to represent them in a criminal preceding or a lawsuit. They represent the defendant in his or her interest. What defense attorney’s do first is that they will review the case. Then they will conduct an interview on the defendant and any witnesses there might be. Next, the defense attorney will advise the defendant of any...
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...Prosecution versus Defense University of Phoenix CJS/220 Patricia Brickhouse Lacey Martz December 11, 2011 In many ways, when it comes to comparing defense counsel to prosecution there are several similarities. The role is very different, but they are both considered to defending individuals. The prosecution role is to protect the people, the victims by putting their cases together with the mind frame of keeping justice fair. This is a must, to maintain what we want and need as a civilized society. While protecting the individuals or parties their innocents they must prove the guilty is guilty. Prosecutors can do this by taking a fair chance of embarrassing the individuals just to find the truth, as long as personal feelings do not interfere. Where with the defense attorney, are the ones that protect our rights when we have been accused of an action? They make sure that the legal rights are fair so that the client is not prosecuted unjustly or even falsely tried. Defense attorneys are not well trained for the all the verities of cases that must be hard. When a case is failed the defense attorney takes the chance to open another door to set another date for another hearing or even send the guilty to the death sentence. Each lawyer, the prosecutor and the defense attorney does the same job within our society and that is to protect our people whether they are innocent or guilty. The individuals give our protectors in the court room an opportunity to fight for...
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...regards to the judge and the two attorneys present for each case. In total I saw seven court cases presented before Judge Killilea. In television shows criminal procedures are long and rigorous. There is a lot that takes place between the arrest of the criminal and the court debates that last for hours or even days to determine...
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...Carr Plea Bargaining Plea Bargaining is a process in which the prosecutor and the defendant via the defense attorney comes to an agreement during a multi-charge case for the defendant to bargain with the prosecutor after being informed by his or her defense attorney of the consequences of one or more charges for a lesser sentence rather than going to trial and possibly receive the max sentence he or she are facing (Siegel, Schmalleger, & Worral, 2011). This is normally used when a defendant and his or her defense attorney knows there is no way for the defendant to get off based on the charges he or she is being charged with and the evidence against them. More often than none, the defendant’s attorney is highly aware of the possibility of losing the case based on the results of the investigation that was conducted after the crime was committed. This process is also designed to save tax payers money by avoiding a lengthy trial that was probable based on the crime committed. Charge Bargaining This is a process in which the prosecutor can negotiate with the defendant to make it seem like the prosecutor is on the defendant’s side. This is done by telling him or her they will avoid adding additional charges if the defendant chooses to plea bargain with the prosecutor at that particular time or whichever time the prosecutor provides for the defendant to discuss the options with his or her defense attorney (Siegel, Schmalleger, & Worral, 2011). Sentence Bargaining This...
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...Instructor: Justin Lawrence 19 July 2015 In this paper we are going to be going over the procedures that the prosecutor has to take in order to take a case to trial. These steps are very important steps that every prosecutor has to take in order to make a case that will make it to trial and in front of a judge and jury. The special responsibilities every prosecutor has to make towards initiating a criminal case against a defendant are they should refrain from charging a case that the prosecutor knows is not supported by probable cause. Make reasonable efforts to assure that the accused has been advised of the right to and the procedure for obtaining counsel and has been given reasonable opportunity to obtain counsel. Not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing. Make timely disclosure to the defense of all the evidence or information known to the prosecutor that tends to negate the guilt of sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal. Not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes the information sought is not protected from disclosure by any applicable privilege and the evidence sought...
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...Courtroom Participants Team B: Sheena McCall, Idalia Gill, Neil Gabe, Billie Adams, and Dannielle Rea CJA/224 October 31, 2011 Austin Dunham Weidner Courtroom Participants In a United States courtroom, there are many participants who contribute to the goal of justice for all. The judge, prosecutor, defense attorney, defendant, victims, witnesses, jurors, bailiff, and court reporter are each participants in the courtroom workgroup. Although every participant plays a different role in the process, they each contribute to the courts general objective of ensuring that the legal system remains fair, efficient, and effective to those individuals accused of committing a crime. A judge’s role is essential to court proceedings. He or she is responsible for ensuring the court proceedings are legal, and that the defendant receives his or her rights of due process. The judge does this by setting the rules of the courtroom and acting as a referee between opposing council. Although a judges’ most visible role is during a criminal or civil trial, he or she has many responsibilities outside of this setting. Prior to any court hearing, the judge is responsible for signing search and arrest warrants. Judges also deal with the issue of bail once established that there is enough evidence to hold a criminal trial against the defendant during the preliminary hearing. Judges decide on whether to grant bail, and if so at what amount and on what conditions. If any of the conditions are broken...
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...Ethics for Prosecutors and Defense Attorneys Phillip C. Moore U.S. Courts Professor Shenia C. Kirkland, Esq. January 29, 2013 Ethics has been defined in many ways, but one true definition remains elusive when attempting to obtain a clear and concise meaning of ethics. For this paper, ethics will be defined as rules of conduct in regard to specific actions as administered by a particular group of people; i.e. medical or Christian ethics (Webster, 2012). The purpose of this paper is to address two cases in which the prosecutor and defense attorney violated the Attorney Professional Code of Conduct. This paper will summarize the facts of the case and detail the duties of either the prosecutor or defense attorney; determine which duties were breached and what should have happened to bring them in compliance; and will deduce both the personal and professional ramifications of their actions. The first case to be discussed will be one that the Innocence Project appealed on behalf of Ralph Armstrong in Dane County Wisconsin. Ralph was convicted of the rape and murder of college student Charise Kamps in 1981. For the duration of his twenty eight year incarceration, Ralph maintained he was innocent. An internet search of the trial proceedings and how the jury reached their verdict of guilty in the original trial proved to be a dead end. However, the Innocence Project website and several news agencies provided the information on how the prosecutorial misconduct...
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...hearing is the next step. Within 7 to 10 days of the initial arraignment the preliminary hearing will take place. During this hearing a district judge will decide if the charges should be upheld. The prosecutions job is to prove that the charges are valid via a prima facie case. Witnesses and evidence will be provided by the prosecutor. The defense attorney does not provide any at this point. If the charges are federal charges an individual goes before a grand jury instead of a preliminary hearing. Grand jury trials are private hearings comprised of 23 citizens. The only one allowed to present in this hearing is the jury, prosecutor, and any witnesses the prosecutors deems necessary. The witnesses can only enter one at a time and have to leave immediately after giving there testimony. A formal arraignment takes place within 30 days from the hearing. At this arraignment a list of charges is recorded and the defendant pleads either guilty or innocent. If the defendant pleads innocent one will be scheduled for a pre-trial conference that will usually happen within the next 30 days. At this hearing the judge meets with both the prosecutor and the defendant and motions are filed. There is a phase known as the guilt phase. This...
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...When it comes to a criminal case being processed in criminal court there is a prosecutor, defense attorney, a judge, and a jury. " Prosecutors are government lawyers, public officials, who represent the people of a particular jurisdiction (county, city, state, or federal district) in a criminal case." (Adler, Mueller, & Laufer, 2012). The tasks of a prosecutor, involves in screening cases, charging the suspected criminal, presenting the facts to the jury, and, etc.. Not to mention, the tasks I mentioned vary when it comes to state and federal prosecutors. Federal prosecutors, also known as the United States attorneys are elected by the President...
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...roles and functions of the prosecutor, defense attorney, criminal, and victim in the criminal justice system. The student will then summarize the affects of victimization on each role. Also, the following questions will be answered by the student: What are the goals of sentencing associated with each role, and what are the goals of alternative sanctions? Finally, the student will discuss personal recommendations regarding victims’ rights. The main role of the prosecutor is to get a state conviction in criminal proceedings. At times of private practice, present a case in defense of the victim and other parties wronged by a criminal. Also, the prosecutor must prove without question that the defendant is the one at fault. The prosecutor at times, seeks to resolve the case with a plea bargain. The plea bargain is a prosecutions best tool. The plea bargain closes the case as quickly as it opened, and the prosecution team gets win without having to rely on a jury or argument. The main role of the defense attorney is to come to the aid of the accused and provide a competent defense or defenses to prove the innocence of the accused. During the plea bargain the defense attorney is trying to get the best deal for the client being represented by the defense. The plea bargain is a good tool for the defense as well. Even though the pea bargain can count as a lose the defense attorney secures two objectives with it. First objective is the defense attorney lightens the case load for...
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