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ETHICS IN CRIMINAL JUSTIC DISCUSSION BOARD 8
1
Ethics in Criminal Justice Discussion Board 8
(Student Name)
(Institutional Affiliation)
ETHICS IN CRIMINAL JUSTIC DISCUSSION BOARD 8
2
Ethics in Criminal Justice Discussion Board 8
The Constitution provides for legal and adequate representation during the trial, and
every convict must feel that the attorney has done a competent job. However, in a situation where
the convict feels the counsel assistance was ineffective, the application of the Strickland v.
Washington (1984) determines the test of performance and that of prejudice. In performance, the
statutes state that ineffective assistance claim must prove that the attorney's performance
standard was far below an objective standard of reasonableness (William, 2005, p. 157).
Secondly, for prejudice, the verdict would have been significantly different due to the low-level
performance or the unprofessional errors.
There are ethical violations or prosecutorial misconducts that have been associated with
prosecutions. One is withholding to present exculpatory evidence that would give the defendant
an added advantage in the case by excusing, justifying, and absolving the alleged guilt of the
accused. The second violation is the introduction of false evidence, which does not apply to the
case or was aimed to give strength to the case but worked to the defendant's disadvantage, such
as heresy (Kreag, 2019). The third is using improper arguments that do not fit the case and trial
that the attorney makes during the introduction or ending, which is against the Constitution.
There is also the attorney's discrimination in the jury selection to handle the trial, such as those
associated with race or gender.
False convictions have been caused by the misidentification of eyewitnesses, especially
when people are traumatized when the crime happened, making their memory imperfect and
fragile. Another factor is false confessions caused by physical intimidation and threats of
violence by the police. False confessions can also arise from standard interrogation techniques,
resulting in coercive outcomes (Wise, 2021). There can also be police and prosecutorial
ETHICS IN CRIMINAL JUSTIC DISCUSSION BOARD 8
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misconduct, such as coercing a witness to implicate a suspect or fabricating physical evidence.
Presentation of misleading and false forensic evidence may also lead to wrongful convictions.
Another factor is witness perjury which refers to false accusations where witnesses are promised
rewards when they swear untruthfully under oath.
The rate at which people of color enter the corridors of justice is higher than those of
other races and the general population. For instance, police most likely stop and search a person
of color, while they will not search a white person. Moreover, research indicates those police
decisions to stop a black driver after sunset was lower, predominantly when the race cannot be
determined (National Conference of State Legislators, 2022). In the case of marijuana, black
persons were more likely to get into the justice system than whites, even with evidence that
whites are using marijuana more than blacks. The outcome is increased black incarceration and
presentation in federal courts.
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ETHICS IN CRIMINAL JUSTIC DISCUSSION BOARD 8
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References
Kreag, J. (2019). Disclosing Prosecutorial Misconduct.
Vand. L. Rev.
,
72
, 297.
https://heinonline.org/HOL/LandingPage?
handle=hein.journals/vanlr72&div=8&id=&page
=
National Conference of State Legislators. (2022, May 24).
Racial and ethnic disparities in the
criminal justice system
. Legislative News, Studies and Analysis | National Conference of
State Legislatures.
https://www.ncsl.org/research/civil-and-criminal-justice/racial-and-
ethnic-disparities-in-the-criminal-justice-system.aspx
William, J. (2005). Criminal Law-The Sixth Amendment Right to Counsel-The Supreme Court
Minimizes the Right to Effective Assistance of Counsel by Maximizing the Deference
Awarded to Barely Competent Defense Attorneys-Florida v. Nixon.
UALR L. Rev.
,
28
, 149.
https://lawrepository.ualr.edu/cgi/viewcontent.cgi?article=1218&context=lawreview
Wise, K. (2021).
Why do wrongful convictions happen? | Korey wise innocence project |
University of Colorado Boulder
. University of Colorado
Boulder.
https://www.colorado.edu/outreach/korey-wise-innocence-project/our-work/why-
do-wrongful-convictions-happen