Does There Protection Actually Exist? Identify The Source Of Law? Essay

Does There Protection Actually Exist? Identify The Source Of Law? Essay

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Does this protection actually exist? Identify the source of law. Is it grounded in constitutional, statutory, or judicial case law (“law on the books”) or is does it simply represent “law in action”?
In regard to due process protections and citizens, The U.S Supreme Court ruled in Berger v. United States (1935), that prosecutors were limited in accordance with due process protections, in that, prosecutors are obligated to reframe from engaging in improper methods as a means to simply obtain a conviction. Recent speculation has provided that prosecutorial misconduct has been rather popular throughout the system with little professional discipline being enforced. This recent trend, hinges upon a citizen’s due process protections. Under due process, individuals are to be treated fairly and equally throughout the justice system, however, the courts, more specifically, prosecutors maintain so much control and discretion that they ultimately decide an offender’s fate. The outcomes of most cases are dependent upon decisions made by the prosecutor, which are often times overlooking a citizen’s right to due process.
The role and opportunities given to prosecutors have led to a representation of “law in action” According to Neubauer (2013), law in action is primary focused on how discretion and other factors utilized throughout the courtroom affect the application of law. The various cases mentioned throughout the article display several factors that push prosecutors to offer plea bargains, stack charged, withhold exculpatory evidence, and engage in questionable behaviors just to get a conviction. Rather than completing their duties ethically, morally and with dignity, prosecutor’s primary concern lies in a conviction, which is impera...


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...ons did make things slightly better, however, prosecutors involved in the system for years were “corrupting” new prosecutors by enforcing idea that a conviction is more important than anything. There are blurred lines amongst various individuals, including, disciplinary boards on the concept of ethics. Thus, it is important to reconstruct the current attitudes and beliefs throughout the role of prosecution, and provide precise definitions for ethics and morality. Future ramifications can include better education provided to prosecutors and an “open file” policy that requires prosecutors to provide share all information with the defense attorney (Balko, 2013). As a means to ensure professional discipline, it is crucial that the courts become more active in their role, in that, judges are going to have to start reporting misconduct to disciplinary boards (Balko, 2013).

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