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resolving ethical dilemmas
resolving ethical dilemmas
Professional legal ethical and social issues
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Ethical Dilemmas are a pressing issue within any law enforcement or law agency the power that people have in positions such as these force them to share an equal or greater amount of reasonability. Ethics is defined as “the branch of philosophy that typically deals with values relating to human conduct with respect to the rightness and wrongness of certain actions and to the goodness and badness of the motives and ends of such actions”. This definition of ethics courtesy of Webster dictionary shows just how complex the intricacies of ethics are and how major dilemmas might negatively impact departments for instances lawyers are plagued with ethical dilemmas on a day to day basis such as Lawyer advocacy, conflict of interest, Professional Responsibility and Staff and Management.
Should lawyer’s defend a clients they know are guilty is one of many ethical dilemmas that lawyers face on a day to day bias , granted the obligation of a lawyer is to give their client a just trail to the best of their ability let’s say a lawyer is defending a client who has committed the murder of three children and then the lawyer ask the most clichéd question that every lawyer must ask his or her client did you do it, now whether or not the person they are defending committed said murder poses the ethical dilemma should you or shouldn’t defend a guilty individual. Yes it is the ethical choose to defend said client to the best of your ability without forcing the defendant to indict themselves but this is a moral battle you know your client ruthlessly committed several murders and the right thing to do is to allow the children parents to receive justice.
Another Ethical Issue that tremendously affects the decisions lawyers make is Conflict of interest wh...
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...tive officer. This can pose ethical problems, because people who aren't lawyers can't give legal advice. Other employees, such as paralegals and secretaries, are also not permitted to offer legal advice, and law firms must carefully train staff to ensure they don't violate rules. Law firms must ensure client confidentiality and prohibit misappropriation of client funds now having the ability to manage clients funds is an ethical dilemma. Employees, for example, have to be aware that disbursements from insurance companies must go into an escrow account and not into a personal or business account. They must know state guidelines governing client confidentiality; they can't, for example, post information about clients on social networking sites or reveal details of a client's case to a third party even a client's family member without direct permission from the client.
Lewis, C. W., & Gilman, S. C. (2005). THE ETHICS CHALLENGE IN PUBLIC SERVICE A Problem-Solving Guide (2nd ed.).
A Paralegal is defined by the American Bar Association as a person, qualified by education, training or work experience who is employed or retained by a lawyer, law office, corporation, governmental agency or other entity and who performs specifically delegated substantive legal work for which a lawyer is responsible. Paralegals work under direct supervision of an attorney and follow the same ethical rules of the ABA as a lawyer does. ABA Rule 5.3, states that a lawyer must give such assistants appropriate instruction and supervision concerning the ethical aspects of their employment, particularly regarding the obligation not to disclose information relating to representation of the client, and should be responsible for their work product. Per the State B...
Ethical decision-making is the responsibility of everyone, regardless of position or level within an organization. Interestingly, the importance of stressing employee awareness, improving decisions, and coming to an ethical resolution are the greatest benefits to most companies in today’s world (Weber, 2015).
Freedman, Monroe H., and Abbe Smith. Understanding Lawyers' Ethics. New Providence, NJ: LexisNexis, 2010. Print.
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."
Communication between an attorney and its client is crucial during a trial. The attorney - client privilege is a legal privilege between the client the and the attorney assuring the privacy of the client. There have been many cases where the attorney and client privilege has become an issue and most people believe that an attorney should break his/her privilege when the client confesses of harming more than one victim. When it comes to an attorney and a client it is important for both parties to understand each other, and assure that each conversation such be between client and attorney only.
A conflict of interest may be described also as a conflict of duties or a conflict between interests or as a conflict between interest and duty. To act when they have a conflict of interest involves breaching their fiduciary duty to their client or former client. This is the basis of the conflict of interest problem and is stressed in many of the cases dealing with conflict of interest. There are four element of the fiduciary duty, duty of confidentiality, duty not to put their own or other people’s interests before their own client, duty not to misuse client’s money, and competent standard of
It is the ethical duty of an attorney to report any violations of the law or legal misconduct, especially if the violation is committed by another attorney. While a civilian in the same situation may not be charged with a criminal offense, an attorney’s duty to uphold the law and maintain the honor of the profession obligates them to report crimes and legal misconduct. Penalties imposed
While training in ethics is important to reduce department liability and aid officers in making decisions, this is not the only way to promote ethical decision making on the part of officers. Ethics training should be combined with a rigorous employment screening process that attempts to bring the best possible candidates into the profession. Utilization of both of these tools together increases the likelihood of good law enforcement candidates, and continues the movement towards
Correcting police misconduct and police officers using professional discretion and crossing ethical boundaries is a colossal challenge that every police department in America has at one time taken on. In order to correct the problem police departments should maintain a written policy regarding the guidelines pertaining to the use of officer discretion and the result of incorrectly using their discretion. Also, training in police ethics and past examples of officer misconduct must be incorporated from the first day at the academy, in addition to annual ethics training. This will lay the foundation for a police department’s success. Reward an officer’s ethical behavior. Rewarding ethical behavior and disciplining officers for unethical
There happens to be many legal duties of a criminal justice lawyer. For starters, criminal defense lawyers have a duty to keep all of the discussion between them and their client completely confidential. This is often referred to as
Ethical behavior in law enforcement officers is continuously under scrutiny by the media, public and other law enforcement personnel. There are effective implements in place to balance the applications and efficiency of Ethics in law enforcement; to make just and lawful decisions to benefit of communities.
Souryal, Sam S. (2007). Ethics in Criminal Justice. In Search of the Truth. Matthew Bender & Company, Inc., a member of the LexisNexis Group Newark, NJ
Criminal Justice professionals are in positions of power and exercise power and authority over others. Therefore, it is important for them to study ethics because they must be aware of the ethical standards needed in making critical decisions involving discretion, force, and due process. It is also a fact that criminal justice professionals who exercise power and authority over others can be tempted to abuse their powers.
Proper Counseling: A Lawyer is responsible to counsel his client deeply and should tell him the future consequences, so that the client can take right decision.