Prosecutors play a major role in the criminal justice system

docx

School

University of Phoenix *

*We aren’t endorsed by this school

Course

544

Subject

Law

Date

Feb 20, 2024

Type

docx

Pages

Uploaded by DoctorGuanacoMaster919

Corruption in the Criminal Justice & Security Organizations Corruption in the Criminal Justice & Security Organizations Brianna Marshall November 13, 2023 Dr. Karin Storm AJS/544 ,

Corruption in the Criminal Justice & Security Organizations Prosecutors & Defense Attorney Ethical Violations Prosecutors and defense attorneys play a significant role in the criminal justice system. When it comes to the system it is expected for all to be ethical when doing their job, no matter the position being held. Unfortunately, some may fall victim to engaging in unethical ways. Some common ethical violations committed by prosecutors include improper contact with witnesses, defendants, judges or jurors, improper behavior during hearings or trials, harassing or threatening defendants, lawyers or witnesses, the use of improper false misleading evidence, exhibiting a lack of diligence and thoroughness in the prosecution and/ or engaging in improper public statements about pending criminal matters ( Knez, 2023 ). In result of prosecutorial misconduct, the judge may dismiss the charges against the accused, admonish the jury to disregard certain evidence or grant a motion for a new trial ( Prosecutorial Misconduct – When the State Abuses Its Power, n.d. ). Defense attorneys are lawyers that defend an individual, corporate body or company being charged with a criminal offense ( Who is a Criminal Defense Attorney and What Does He Do?, n.d. ). In many cases some have been found to engage in ethical violations like not communicating with clients, the failure to return important documents to clients, demonstrating incompetence, having conflict of interest as well as financial discrepancies. Defense attorneys found to violate the code of conduct are subject to disciplinary actions including admonishment, reprimand, censure, suspension, or loss of license to practice law also known as disbarment ( A Guide to Attorney Disciplinary Procedures In New York State, n.d. ). Prosecutorial Misconduct ,

Corruption in the Criminal Justice & Security Organizations Prosecutors have made an obligation to ensure there is fairness in criminal cases and maintain a high ethical standard ( A Guide to Attorney Disciplinary Procedures In New York State, n.d. ). When this is not done, or prosecutors improperly or illegally act in a way that causes a defendant to be wrongfully convicted or punished unjustifiably is prosecutorial misconduct ( What, Exactly, Is “Prosecutorial Misconduct”?, 2018 ). As reported by the California Innocence Project (2023), prosecutors may find evidence that may exonerate the person they are trying to convict (par.3). To withhold this information from the defense is illegal. It is a constitutional right that the person who is being accused as well as his legal team are informed of any evidence in the case even If the outcome may take a different turn. To withhold evidence from the defense to not destroy the case is ethically wrong and not following the of the constitution. A prosecutor in Maricopa County in Arizona named Juan Martinez was disbarred from his position in 2020. After leading the Jodi Arias case where she was being charged with murder of Travis Alexander in 2008 revealed a lot of misconduct. Martinez was accused of disseminating confidential information about a juror to a blogger girlfriend, sexting with an ex-juror, harassing a court reporter, and lying during a state bar investigation ( Castle et al., 2020 ). This case has shown many ways of how the prosecutor unethically handled this case that eventually led him to never be able to practice law again. Race, Ethnicity, Religion & Sex Play in Misconduct Race, ethnicity, religion, and sexy play has shown to play crucial role in misconduct in the criminal justice system. These characteristics have shown to lead to implicit bias. Implicit bias is the automatic and intentional process that occurs in the human mind and affects how we respond to different groups in divergent ways and those different responses can have unfortunate circumstances ( How to confront bias in the criminal justice system, 2019 ). The American Bar ,

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Corruption in the Criminal Justice & Security Organizations (2019) reported that “you can have the same conduct and same profile but if you change one's color, gender, or sexual orientation, people from different groups will draw conclusions and analyze results differently whether it’s a jury, a judge or whether it is those who are in the system (par. 6).” In 2020, a new trial was granted to a black man named Glen E. Bates who was sentenced to life after being accused of killing his 2-year-old daughter in Ohio. A Juror displayed racial bias on their questionnaire but was not questioned or removed from the case ( Trevas, 2020 ). This evidence was presented, and a new trial was given. This is just one of many cases that have suffered from bias at the hands of the leaders who help run our criminal justice system. Should Attorneys be Punished Attorneys hold a prominent position in our criminal justice system, but just like everyone human being, mistakes can be made. Attorneys have a demanding job with a high case load which sometimes may lead to honest mistakes ( Prosecutorial Misconduct, 2023 ). Even with that said, there are cases where prosecutors are aware of their actions and deliberately engage in misconduct. I believe these attorneys should be treated as criminals. The attorneys vow to follow the law but when they perform such acts, they violate them. Attorneys are aware of what needs to be done when handling a case and going about it ethically. If evidence can be brought forward showing that the acts of the attorney were intentional, charges should be brought against that lawyer. Misconduct can lead to innocent people spending the rest of their lives in jail due to the dishonesty of someone supposed to abide by the law when dealing with cases. Conclusion In the criminal justice system, we hope for everyone to be ethical and honest while still bringing justice to victims of crime. Prosecutors and lawyers should want to win cases but not at ,

Corruption in the Criminal Justice & Security Organizations the expense of innocent lives. Breaking the law is universal and facing disciplinary acts when done should be universal as well. Reference ,

Corruption in the Criminal Justice & Security Organizations 1. A GUIDE TO ATTORNEY DISCIPLINARY PROCEDURES IN NEW YORK STATE . (n.d.). New York State Bar. https://nysba.org/public-resources/guide-to-attorney- discipline/#:~:text=Attorneys%20who%20violate%20the%20law,her%20license%20to %20practice%20law. 2. Castle, L., Anglen, R., & Rymen, A. (2020, October 6). Juan Martinez's appeal of his firing denied by Maricopa County panel . https://www.azcentral.com/story/news/local/phoenix/2020/10/06/jodi-arias-prosecutor- juan-martinezs-firing-upheld-county-panel/5902635002/ 3. How to confront bias in the criminal justice system . (2019, December). American Bar Association. https://www.americanbar.org/news/abanews/publications/youraba/2019/ december-2019/how-to-confront-bias-in-the-criminal-justice-system/ 4. Knez, M. (2023, September 21). Understanding the Difference Between Ethics Violations and Legal Malpractice . Knez Law. https://knezlaw.com/understanding-the-difference- between-ethics-violations-and-legal-malpractice/ 5. Prosecutorial Misconduct . (2023). California Innocence Project. https://californiainnocenceproject.org/issues-we-face/prosecutorial-misconduct/ #:~:text=Why%20Prosecutors%20Might%20Succumb%20to,This%20can%20be %20difficult. 6. Prosecutorial Misconduct – When the State Abuses Its Power . (n.d.). Shouse Law. https://www.shouselaw.com/ca/defense/appeals/grounds-for-appeal/prosecutorial- misconduct/ 7. What, Exactly, Is “Prosecutorial Misconduct”? (2018). https://www.mololamken.com/knowledge-What-Exactly-Is-Prosecutorial-Misconduct 8. Who is a Criminal Defense Attorney and What Does He Do? (n.d.). Aresh Hashemi Law. https://www.hashemilaw.com/criminal-defense-attorney/ 9. Trevas, D. (2020, February 27). Racially Biased Juror Leads to New Trial for Hamilton County Man Sentenced to Death . Court News Ohio. https://www.courtnewsohio.gov/cases/2020/SCO/0227/161783.asp ,

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Prosecutors play a major role in the criminal justice system

Related Documents