1. The text lists three inherent contradictions in the job of the prosecutor:
(a) Prosecutors have nearly limitless discretion in the most critical matters they must consider, yet they are held to very high ethical standards.
One contradiction in the job of the prosecutor is that they have nearly limitless direction in critical matters; however, prosecutors’ are also held to a very high ethical standard. Prosecutors must screen cases to determine which ones need to be prosecuted; nevertheless, this is the source of controversy with most people. “What makes charging decisions more intriguing and controversial is the fact that in making this decision, the prosecutor has nearly limitless discretion” (Hemmens, Brody, & Spohn, 2013). This means the prosecutor’s charging decisions are beyond any judicial review, so it must be apparent that a prosecutor
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Therefore, under these ethical standards, prosecutors cannot file charges if there is not enough evidence to support a conviction, they also do not file if it is not in the public interest to do so. This is what makes the possibilities limitless; however, three key factors also play a part in determining which cases to prosecute. If prosecutors follow these three factors in determining cases then the contradiction of limitless discretion and high ethical standards should be remedied for others. These are factors that should be followed are as followed: the seriousness and nature of the offense, the offender’s culpability, and the likelihood of being able to obtain a conviction at a trial. “Ethical conduct, then, must be the core of the prosecutor’s role in the criminal justice system” (Hemmens, Brody, & Spohn, 2013). Therefore, even though prosecutors have almost limitless discretion in their decisions, they still must
The victim, John Kondejewski, a sergeant in the military as well as battle school instructor, was killed on May 15th, 1997 in Brandon Manitoba by the defendant, his wife, Kimberley Kondejewski, in the bedroom of their home (Sheehy 88). The couple was married for over 17 years before the proceeding occurred. Kimberly shot her husband three times that Thursday night; first shot to the chest, second and third shot were closer range, which led the police to charge her with first-degree murder (Sheehy 115). However, she also tried to end her life, fortunately she was only wounded. She even had composed a suicide note addressed to their children, Jennifer and Christopher. The judge assigned to the case was Justice Rodney H
This trial was between a group called the Mau Mau and Great Britain. Great Britain colonized Kenya in 1895. Great Britain's colonization of Kenya had major effects, good and bad.But in the early 1900’s, the Kenyans wanted independence. They formed a independence group called the Mau Mau. The Mau Mau were mostly made up of a tribe called the Kikuyu. As they tried peaceful protests and demonstrations, the Mau Mau were usually attacked by the British. Britain believed in order to stop the Mau Mau from their independence movement and the violence they were causing on the Britain's, Britain needed to use force. The purpose of this trial was not to make a decision about if Britain's violence was justifiable or not, but to figure out if the Mau Maus
Steve Bogira, a prizewinning writer, spent a year observing Chicago's Cook County Criminal Courthouse. The author focuses on two main issues, the death penalty and innocent defendants who are getting convicted by the pressure of plea bargains, which will be the focus of this review. The book tells many different stories that are told by defendants, prosecutors, a judge, clerks, and jurors; all the people who are being affected and contributing to the miscarriage of justice in today’s courtrooms.
Criminals can come in many different shapes and sizes. For example, a criminal can be classified as being a murderer or a criminal could just simply have committed fraud in a business setting. There is a large diversity of criminals and it is the judge’s job to determine what is a fair punishment for a guilty verdict. Judge Ron Swanson, a federal judge for the Florida District Court of Appeal, deals with using cost-benefit analysis daily to determine what is fair for everyone involved. Before becoming a judge, Judge Swanson was a prosecutor coming out of law school in the University of Florida. As a prosecutor and a judge, Judge Swanson has always worked to bring justice for the victims, the defendant if he or she is innocent, and for the citizens
Banks, C. (2013). Criminal Justice Ethics: Theory and Practice, Edition 3. Thousand Oaks, CA: Sage Publications.
Well written procedures, rules, and regulation provide the cornerstone for effectively implementing policies within the criminal justice system. During the investigational process, evidence collected is subjected to policies such as Search and Seizure, yet, scrutinized by the Exclusionary Rule prior to the judicial proceeding. Concurrent with criminal justice theories, evidence collected must be constitutionally protected, obtained in a legal and authorized nature, and without violations of Due Process. Although crime and criminal activities occur, applicability of policies is to ensure accountability for deviant behaviors and to correct potentially escalation within social communities It is essential the government address such deviant behavior, however, equally important is the protection of the accused which also must become a priority when investigating criminal cases.
Manarin, B. (2008). Role of the Prosecutor. In J. V. Roberts, & M. G. Grossman (Eds.), Criminal justice in Canada: a reader (3rd Edition ed., pp. 36-47). Toronto: Thomson Nelson.
Police officers often encounter situations where the decision to use discretion challenges the way and the type of job that officers would normally conduct. Each day an officer is on the job, discretion when it comes to job duties appears, sometimes without any warning. Officers constantly struggle with the appearance of discretion, and often times do not know how to handle the situation when it does appear. Discretion may take many different forms in the job duties, but it always involves the officer letting a crime “slide,” rather than questioning every suspicious person. Letting a crime “slide,” for certain offenders, is of great concern for the administrators of police departments, because there is potential for ethical issues to surface later on. This essay will examine police discretion, factors that influence discretion, whether exercising discretion is appropriate, and the concerns that administrators have when it comes to police using discretion in the field.
Cole discusses the importance of prosecutorial discretion when it comes to mandatory minimum sentences and changing decisions. Cole (2012), while the prosecuting attorney has discretionary power to determine the disposition of cases, the power is dependent upon the police for their work and input on the facts and evidence of the case. Knowing this information, all three entities still operate within their own branch to a different set of guidelines. A prosecutor is able to go around these laws by charging the victim with a lesser crime than
The relationship between the prosecutor and defense goes way back from when the court system was first created. Sometimes both parties will cooperate with each other, it just depends on the case. This essay will first describe the difference between the two parties. Next, it will then describe their relationship. After that it will then show how in some cases both parties come together to reach an agreement. Especially in today’s world how some people will take a plea deal instead of going to court.
According to Siegel, Schmalleger, and Worrall (2014), "prosecutorial discretion is a decision of a prosecutor to submit a charging document to a court, or to seek a grand jury indictment, or to decline to prosecute". (p. 204) In other words, it is when the prosecutor intentionally fails to mention a piece of evidence towards the defendant that can potentially free them of any charges. This behavior affects charging decisions, such as, Courts in the News, the case of Petros Bedi, he spent more than a decade in prison, because the prosecution knew a witness was paid in exchange for a testimony.(Siegel, Schmalleger, and Worrall, 2014, p. 210) Regardless of Petros Bedi criminal past, that does not mean he should be treated unfairly. Prosecutors
In the year 2014, law enforcement in the U.S. estimated 1,165,383 violent crimes reported (“D2014VC”). Imagine all the people needed just to get to the bottom of these cases! There is an abundant amount of Americans solving mysteries every day to keep others safe. There are crimes being committed all around the U.S. at every second of the day. In John Grisham’s The Pelican Brief, he displays a firm relation between investigators and lawyers through the Criminal Justice System of acquiring suspects and evidence, indicated in the book with an exploration of the scandals of Supreme Court Justices Rosenberg and Jensen (Grisham).
In this essay, I will describe the elements of a criminal act, address the law of factual impossibility, the law of legal impossibility, and distinguish whether the alleged crime in the scenario is a complete but imperfect attempt or an incomplete attempt. I will address the ethical or moralistic concerns associated with allowing a criminal defendant to avoid criminal responsibility by successfully asserting a legal defense such as impossibility. The court was clearly wrong to dismiss the charge against Jack of attempted murder of Bert.
This paper is intended to examine ethical issues in Criminological research and criminal justice. This paper will analyze the multitude of ethical concerns, as well as discuss the confidentiality requirements as it pertains to criminological research.
The criminal investigation process is able to achieve justice to a great to a great extent. They are effective in achieving justice, as they are able to balance the rights of the victim, offenders and society and also provide fair and just outcomes. For these reasons, the criminal investigation process is largely able to achieve justice.