The defense lawyers and prosecutors share common characteristics as officers of a court of law. However, when it comes to professional ethics are a world apart in actual prosecutions. Both groups have very specific ethical responsibilities to their clients, the administration of justice and the court itself. During a trial, these differences in the ethical obligations define the motives and actions of both parties. The defense attorney is ethically obligated to yield to the decisions of their customers. Unless the customer is clear that she wants her lawyer to do what they see fit, a defense lawyer can only offer advice and suggest a course of action (Keyes, 2014). Plaintiff attorneys on the other side have full autonomy. They can take your case in any direction they please and can implement their own strategies for the courtroom in an attempt to obtain a conviction. While your client is technically the people in your area of practice, the public has no voice in the actions of a prosecutor and an attorney is not ethically obligated to comply with your preferences.
Defense attorneys ...
The job of a criminal lawyer is quite difficult. Whether on the defense or the prosecution, you must work diligently and swiftly in order to persuade the jury. Some lawyers play dirty and try to get their client off of the hook even though they are guilty without a doubt. Even though the evidence is all there, the prosecution sometimes just can’t get the one last piece of the puzzle to make the case stick and lock the criminal up. Such is the case Orenthal James Simpson.
Criticisms of lawyers are the topic in Richard A. Wasserstrom's article "Lawyers as Professionals: Some Moral Issues." Wasserstrom broke this topic into two main areas of discussion. The first suggests that lawyers operate with essentially no regard for any negative impact of their efforts on the world at large. Analysis of the relationship that exists between the lawyer and their client was the second topic of discussion. "Here the charge is that it is the lawyer-client relationship which is morally objectionable because it is a relationship which the lawyer dominates and in which the lawyer typically, and perhaps inevitably, treats the client in both an impersonal and a paternalistic fashion."
The Ins and Outs of Ethics is a Business Week Online magazine article from May 13, 2001, it was written by Eric Wahlgren. In the article he interviews Michael Rion, the author of The Responsible Manager. Rion is also a leading business ethics advisor who consults many Standard and Poor’s 500 companies. In the article Wahlgren asks Rion why it is important for businesses to have a high ethical standard. In his responses, Rion explains that effective organizations utilize ethics programs to clearly define ethical expectations, resolve ethical issues quickly, and to remove moral constraints. Additionally, employees who understand how to deal with ethical dilemmas will also be more productive and have strong core values to guide them. According to scripture, Rions concepts are biblically sound, relevant, and desirable, proving that ethical organizational behavior is shaped and influenced by sound ethical principles.
Now, this brings into question if public defenders are ethically competent to represent their client in court with such a workload. The Supreme Court states that if the criminal defense attorney does not review each lawsuit they receive with sufficient time and resources dedicated to each client “then both the system and the attorney are in breach of their ethical and constitutional obligations to that defendant” (Mosher). In other words, the lawyer assigned is not allowed to handle a case if they are forced to spend more time on one over the others
Each position in criminal justice holds power and responsibility, and therefore, it is very important that said people in those positions do not abuse it. Unethical behavior in the criminal justice system takes away trust and respect from authority, and as a consequence, the law is more easily disregarded if the people lack faith in the system. It can, also, contribute to crime and/or cause citizens to not report crimes. Society should have indubitable confidence in the men and women of the criminal justice system. Law enforcement officers violating even the smallest rule could lead to more serious infractions. Syed (1997) states, "Every instance of corruption bends or violates a rule or law and, similar to the granting of impunity, may contribute to an officer's perceptions of the law as applying differently to different people and increase the ease with which violations can be rationalized." Having less than ethical persons in our criminal justice system can lead to a weakened society, the ruining of lives, and even add to crime.
In a courtroom, there are three parties: the prosecution, the defense and the jury. Each group with their own roles and duties to perform: to find the defendant guilty, to protect the defendant from a guilty verdict, and to hand out a sentence, respectively. When I was just a novice defense attorney in my mid twenties, I was undefeated in my career for about two years without any dishonest practices and I aspired to keep it that way. It all changed when I took on a case for a famous actor by the name of Ka-shi-no.
In the above case, the prosecutor has only two options in charging the case. Unless the defense attorney
They are hired by the defendant and sometimes even appointed to someone that is not able to pay for one. The Sixth Amendment of the Constitution guarantees every person the right to be represented by a qualified attorney. In Miranda V. Arizona, the Supreme Court mandated that every person who is arrested be informed of this right and that if they cannot afford an attorney, the court will provide one (Klein, 2012). These defense attorneys are impelled by law to assist their clients by making sure that they are treated fairly by the United States justice system. Their jobs see that people are granted the right to a trail by a jury of their peers, the right of innocent until proven guilty, the right to a speedy and public trial, and the right to remain silent (Klein, 2012). Lawyers are a necessary part of the criminal justice system.
Professional standards are defined as the legal or ethical duty of a professional in a particular field to exercise the level of diligence, skill, and care as stipulated in the code of practice. Normally, an individual is expected to be consistent with what other professionals in the practice are engaging in to comply with the expectation of the profession. On the other hand, institutional ethics is defined as the application, evaluation and articulation of values and moral principles that are related to the organization’s procedures, practices, and policies (Holloway & Wheeler, 2013). Perhaps, in the case studies below, health care institutions and professionals are involved thus prompting the need to examine their
a. Law chart- By completing the law chart, I am now familiar with the different laws that are in effect for special education and what they entitle for special education students.
The reason I believe this is the best course of action to take for my client is because I want my client to have a fair trial, even though there is a chance the judge will not recuse himself and it may cause animosity. I believe that as the defense attorney I have a duty to my client and I also have a moral obligation to expose the judge and prosecutor’s relationship regardless of the consequences, good or
Ethics is a word that can be used loosely, so it’s important to understand the meaning of this question by first discussing what is meant by personal ethics or professional ethics.
Criminal Justice professionals make decisions everyday and they have to be able to recognize when an issue involves ethical considerations. Therefore, in order to recognize these issues and make appropriate and correct decisions, it is important that the criminal justice professional study ethics. In order to make a good ethical decision the professional will have to have the ability to apply knowledge of ethics, know the ethical terminology and the concepts needed in making a good ethical decision.
The purpose of this research is to educate or inform people, who are working or about to work in the field of business, about professionalism in the business industry because it is extremely complex and important. Besides from wearing proper attire or having higher education, many set standard of procedures must be abided by to be recognized as professional (Beaton, 2010; Granowski, 2012). As Granowski and Beaton suggests or implies, professionalism is not easy to acquire because it exists for the purpose of satisfying the customers, who are individuals with various and unique personalities. The goal of business is to make profit. As long as customers desire and expect professional service, business must be able to provide that.
Prior to having the class of Professional Values and Ethics, I assumed I understood the basic concepts of what defines a professional who has competence of values and ethics. Nevertheless, by being enrolled in this course, I have gained great knowledge of which professional values and ethical principles must be held by a social worker, which I did not know before. Progressively in this class, by learning professional values and ethics, my motivation to succeed as an upcoming social worker has gotten stronger.