A prosecutor presents evidence to prove that the defendant is guilty of the crime and the defense attorney tries to prove that the defendant is not guilty. They ensure that the defendant’s side of the story is heard, counteracts overcharging by the prosecution, and to supply their client with the best defense possible including: “providing legal counsel to client, arguing for legal innocence (not necessarily factual innocence), searching out violations of the defendant’s rights, and arguing for reduced penalties in some cases” (Meyer & Grant, p. 144). A prosecutor is paid by the state and cannot be hired, like a defense attorney, by an individual. They are hired by the public to punish those who commit crimes, in order to
Ethical Considerations for the Investigator and Prosecutor in Homicide and Rape The investigator and prosecutor play very critical roles, roles that are only fairly fulfilled if all parties are as ethical as possible. Failing to act ethically can lose a case, set a criminal free or could even mean someone innocent going to prison. While ethics in every single type of case are important we are going to examine homicide and rape. Both homicide and rape leave the public hungry for answers. We must be sure that finding those answers are done ethically from the crime scene to trial.
However, with the “due process an individual is allowed their day in court if suspected of a crime because of United States constitution. Therefore giving that individual a right to a fair trial with an option for a jury of his or hers peers. It is the responsibility of the courts system to provide strong evidence on an individual accused of committing a crime beyond reasonable doubt. Strong evidence is important to avoid sending an individual to prison if they are innocent (Siegel, J. L.,
It is important to the criminal justice system because a client should always have adequate representation. The issues that surround attorney-client privilege also make it very important to the court system. Some of the issues that exist because of the complexity of privilege are mainly questions such as in what instances should an attorney break that privilege, what if a client admits guilt of a crime, what about a client that conveys their intent to commit a crime. Admitting guilt of a crime that has already occurred is considered privileged information, however, a client that conveys their intent to commit a crime is not covered under the attorney-client privilege. It is an attorney’s obligation, in fact, to break that attorney-client privilege in order to prevent future harm (Meyer & Grant, 2003).
Criminal justice professionals play an important role in the court system, and if they lie on accusations and evidence, the innocent become victims of the dishonesty. A second quality that is good to see in the criminal justice professions is to be objective. It is important for our law enforcement and public servants to not let their personal goals, feelings, or prejudice to get in the way of the criminal justice goals. Objectivity ensures that the professionals will make the right choices even when they have reasons that should make them choose otherwise. A simple example of this trait could be a law enforcement officer writing a ticket to someone regardless of the relationship they may or may not have.
This is a great example of the use of the rhetoric, ethos’s because he is basing his decision of not guilty, off of principles and morals rather than evidence shown, and wants to first discuss and way all the evidence of the case, rather than just making a quick decision because it seems that the logical answer would be guilty. After they start to discuss the evidence that was presented in court it is brought up by one of the jurors that the switch blade used in the murder was very unique and that it would be highly unlikely that someone else would have had the same exact knife as the boy and used it stab the victim. This is where number starts to use the rhetoric; of logo’s by revealing that had he had been walking in the boy’s neighborhood after the trail a knife that was the exact same one as the one found at the murder scene just two blocks from the boys home. He then goes on to explain that this proves that the boy could be telling the truth , about losing the knife in his neighborhood on the way home , and that the knife may not be as hard to come by as they may have thought. By bringing this up and providing evidence that could disprove what was presented in court , juror number 8
A situation may lender an innocent suspect guilty. Many suspects would seek a go ahead with self-representation rather than acquiring an unreliable defense from a corrupt lawyer. The role of attorneys in the criminal justice system as it applies to right to counsel In the most sensitive court proceedings such as confirmation of charges, trial, and appeal, a suspect will have legal assistance by a court. The attorney will assist the suspect who does not have ability to afford hiring his or her attorney. The lawyer should fully represent the suspect fairly without discrimination or any nature as religious beliefs, nationality, and color among other aspects.
The first reason why getting tough on criminals does not work is because for the most part, they are not deterred You must Login to view the entire essay. If you are not a member yet, Sign Up for free! by increased punishment for the crimes they commit. For smaller crimes such as parking violations and speeding tickets, deterrence seems to work because people committing these crimes are not considered criminals, rather law abiding citizens who have made a mistake and are aware of the punishment. The fact that the penalty for armed robbery has gone up to twelve years from nine years does not pass through a criminals mind because they genuinely do not expect to be caught for the crimes they commit.
Legal procedures which will stop law enforcement should be excluded. The criminal justice system should operate quickly without delays from the criminal cases and the character of the cases. The arrest of someone should be thought of as being guilty, but in society everyone is innocent until proven guilty. The investigation of the suspect has been done, all facts are in, and so the suspect should be assumed guilty. The process is to discover facts and establish guilt of the
Statutory Offenses The phrase of crimes are statutory offenses means that an illegal crime was committed that violated a criminal statute (Mallor, J., 2013, p.130). In order to convict a person of any wrong doing that violated a crime, the plaintiff’s lawyer has to provide evidence of the criminal act committed, demonstrate substantiated evidence that would show beyond any doubt that the defendant committed the act, and prove that the defendant was fully capable of engaging himself in the criminal act of what he/she is being accused of (Mallor, J., 2013, p. 130). Any kind wrongful behavior is not considered a crime, unless Congress or the state legislature has criminalized it (Mallor, J., 2013, p. 130). An example is, Killing vs. United States; after four months when Jeffrey Skilling’s resigned from Enron’s Corporation it went into bankruptcy (Mallor, J., 2013, p.133). A Federal Investigation was filed, uncovered an elaborate conspiracy to prop up Enron’s short-run stock prices by overstating the company’s well-being (Mallor, J., 2013, p.133).