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Philosophy
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Feb 20, 2024
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Chapter 8
a.
Compare and contrast natural law and positivist law. In a 2nd paragraph, what are Good Samaritan laws? Give examples. Make-up a scenario when the Good Samaritan law could be used. Natural law is the idea that principles of morals and rights are inherent in nature and are not human made such law are discovered by reason but exist apart from humankind while
positivist law is the opposite and are thought to be human made law (176). Good Samaritan laws are a European legislation that prohibits passing by an accident scene or witnessing a crime without rendering assistant. A good example of good Samaritan laws is passing by a car accident without stopping. A good scenario when to use a good Samaritan law is if you witness a crime and then you would render aid to the person the crime was committed on (177). Good Samaritan laws also provide protection from civil suits for individuals who stop and render aid (176). b.
List and discuss the major justifications for law presented in the text, include preventing harm: (1) to others, (2) offensive behavior, (3) harm to self, and (4) harm to societal morals; numbering your answers 1, 2, 3, and 4. In a 2nd paragraph, discuss the 3 paradigms of law numbering the answers 1, 2, and 3.
1.
Preventing harm to others: This ‘harm principle’ is an idea that every individual should have the upmost freedom over their own actions unless they harm others. This means that the law would only restrict actions that can or do harm others (177). 2.
Offensive behavior: A law that would mean if actions distrusted public behavior, noise or other actions that infringe on the quality of life (178).
3.
Harm to self: A law that would try to protect people from their own behavior. Examples are seat belts, speed limits and motorcycle helmets (178). 4.
Harm to societal morals: A justification for law that allows for protection and enforcement of societal morals (179). Three paradigms of law:
1.
Consensus Paradigm: The idea that most people have similar beliefs, values, and goals that societal laws reflect the majority view (181). 2.
Conflict Paradigm: The idea that groups in society have fundamental differences and that those in power control societal elements including law (181).
3.
Pluralist Paradigm: The concept that there are many groups in society that form allegiances and coalitions in a dynamic exchange of power (182). c.
List and discuss several facts about Indigent Defense. Describe the moral agent, legal agent, and special relationship views of the attorney–client relationship; these are found towards the end of the chapter.
Indigent defense was found in Gideon v Wainwright which the supreme court found that the sixth amendment guarantees that indigent criminal defendants receive legal representation. Legal agent is one position that the attorney is no more that the legal agent
of the client. The lawyer is neither immoral nor oral but just a legal tool. Special relationship is a position that the loyalty to the client presents a special relationship between client and lawyer like that between a mother and child (198). Moral agent is the third position that the lawyer is that moral agent who must adhere to his or her own moral
code, basically the clients interest come first only if It does not affect with the lawyers own moral code (198). Chapter 9 a.
Explain the different ethical considerations confronting Defense Attorneys, including due process and responsibility to the client, conflicts of interest, zealous defense, and one I didn’t list here. Explain the confidentiality rules of defense attorneys and explain some situations where they may be able to disclose confidential information.
Some different ethical considerations confronting Defense Attorneys include, Responsibility to the client which defense attorneys are supposed to be an advocate for each client, but they carry large caseloads which may result in reducing caseload to advocate effectively for one client (205). Conflict of interest which for example would be
an attorney must not represent two clients who have opposing interests (206). Zealous Defense which lawyers should represent clients zealously but only within the bounds of the law and ethical rules (207). Confidentiality which the attorney-client privilege refers to the inability of authorities to compel an attorney to disclose confidential information regarding his or her client (208). The only situations wherein a lawyer can ethically reveal confidences of a client are when the client consents, when disclosure is required by
law or court order, when one needs to defend themselves, to prevent reasonable harm, to prevent client from committing a crime or to prevent mitigate or substance injury to Finacle interest (208). b.
Explain the different ethical considerations confronting Prosecutors, including discretion, disclosure, conflicts of interest, police relationships, asset forfeiture, plea bargaining (include percent of cases settled by plea), and one I did not include in this list.
The different ethical considerations confronting Prosecutors are, use of discretion which is a prosecutor must seek justice not just a conviction prosecutors must share evidence with the defense, exercise restraint in the use of their power, represent the public interest, and give the accused the benefit of reasonable doubt (211). Duty to disclose which prosecutors must disclose exculpatory evidence (213). Conflicts of interest which is if a part time prosecutor has a private practice and private duty runs into their public duty (214). Plea Bargaining which instead of going to trail and having a sentencing they make a deal with the defense for a charge (216). Media relationship which is using the media for public consumption (217). Expert Witnesses who are doctors or psychiatrist who testify as to the mental competency or legal insanity of the accused (217). c.
Explain the different ethical considerations confronting Judges, including conflicts of interest, use of discretion, interpretation of laws/rules, the exclusionary rule, and
one I did not include in this list. Discuss how the ethics of virtue, according to R. Cassidy, can help determine ethical decisions for prosecutors. (Cassidy’s name is listed in the author index)
Some ethical issues for judges include conflict of interest which for judges include financial, social, or emotional (226). Use of Discretion which refers to the authority to make a choice between two or more actions which judges make the decisions about people lives (227). Interpretation of Laws and rules which judges assesses the legality of evidence and make rulings based on various objections raised by both the prosecutor and the defense attorneys (227). Federal sentencing guidelines were created by Congress in
1984 and required federal judges to impose the specific sentence dictated by the guidelines unless there was a proven mitigating or aggravating factor in the case (229). Cassidy argues that the ethic of virtue can help determine ethical decisions for prosecutors because neither Model rule 3.8 nor standards give the prosecutor much guidance (213). Chapter 10
a.
From Chapter 9, List and Discuss at least three of the criticisms of forensic evidence.
What are six areas of forensic sciences that have been discussed for potential improvement. Some criticisms of forensic evidence include planting drugs or guns on innocents suspects or lied about being assaulted or fictious confessions where offices lied that the defendant confessed. The three main ones include false confessions which include interrogation tactics that persuade a person to confess. Racial Bias which would include racial prejudice in false convictions and confirmatory bias which is when someone ignores evidence because they believe and overemphasize shaky evidence that supports one view of guilt (247). Six areas of forensic science that have been discussed for potential improvement are hair analysis to remove biases, arson investigation, ballistics testing to make more accurate, fingerprint analysis to be more reliable, bite mark comparison because there is no way to be accurate and DNA testing because two individuals don’t have the same DNA (248). b.
Explain several types of Defense Attorney Misconduct. Then explain 4 types of Prosecutorial Misconduct, include Suborning Perjury, Jailhouse Informants, Expert
Witnesses, and Brady Violations. In a 2nd paragraph, discuss several examples of Judicial Misconduct.
Some types of Defense Attorney Misconduct include: Ineffective Counsel which could include attorneys using heroin and cocaine during trial, letting the defendants wear the same clothes described by the victim, admitting that they didn’t know the law or facts of the case, not being able to name a single death penalty, drinking each day of the trial (234). The 4 types of prosecutorial misconduct are improper Conduct/Relationship which
would not include taking public servants seriously (236). Suborning Perjury which could be knowingly allowing false evidence to be admitted (237). Misconduct Involving Expert
witnesses which could be bolstering a witness credentials or allow him or her to make
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gratuitous and unsupported claims on the witness stand (238). Brady Violations which is failure to disclose evidence (239). Judicial Misconduct which includes biased decisions which is if a judge does not recuse themselves from cases where there is a possibility of bias or act in way of preferential treatment. Others misconduct include failing to inform defendants of their rights, coercing guilty pleas, exceeding sentencing authority, exceeding bail authority, denying full and fair hearings or trails, abusing the criminal contempt of power, ignoring probable
cause requirements, denying defendants’ rights, and penancing defendants for exercising their rights (241, 242)
c.
Discuss the number of innocents who may be imprisoned. What are the sources for the estimates? What are the criticisms of the sources? In a 2nd paragraph, which factors have been identified as contributing to false convictions?
The number of innocents who may be imprisoned are 23 percent (245). The sources providing these estimates are ‘The National Registry of Exoneration which is a project of the University of California and the University of Michigan and Michigan state university
(244). Some criticisms of these sources could be biases because colleges tend to be more liberal. Some factors that have been identified as contributing to false convictions are mistaken eyewitness testimony which is the most frequent identifier in wrongful convictions. False
confessions which police can use to induce someone to confess. Racial bias which 70 percent of exonerees were minorities (247). Confirmatory bias which is when someone ignores evidence that is contrary to what they believe and overemphasize shaky evidence that supports one view of guilt (247).