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The importance of ethics in criminal justice
Law enforcement ethics important
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Being a prosecutor is an extremely important ethical responsibility. Prosecutors are supposed to be the moral compasses in the judicial process because they decide whether or not a person deserves to be charged with a crime and how much they should be charged. District attorneys are either appointed by the chief executive of the jurisdiction or elected by the voters in that jurisdiction. The prosecutors at the Orange County Districts office worked hard to get that position and instead of being grateful, they took advantage of it. The Prosecutors in the Orange County District Attorney’s office lost sight of their ethical duty and mishandled the physical
evidence, committing prosecutorial misconduct and therefore dishonoring the
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The Orange County district attorney’s office was not a small office, it had around 250 prosecutors and all of them got disqualified. The Orange County district attorney’s office used the horizontal model of prosecution, meaning that “one attorney or a group of attorneys may be responsible for all initial appearances, another for preliminary hearings, and others for arraignments, and so on” (Criminal Courts, 135). This way Kaur 2
the large office can handle numerous cases efficiently. This is why all 250 prosecutors were
disqualified. They did what they wanted without thinking about the consequences their decisions would lead to. All they cared about was winning and if winning meant not handing over exculpatory evidence so an innocent person had to go to jail then so be it, as long they won. The alleged misconduct of the Orange County district attorney’s office goes all the way back to the 1980’s. In the 1980’s, there were two defendants on trial. One defendant was to be executed and the other a long sentence. They got the sentence because of various jailhouse informants. Even though the stories that the jailhouse informants told were conflicting, they
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The jailhouse informant, Leslie Vernon White, later on said in an interview in 1989 about how he made up the confessions and used them to get himself shorter sentences. So it is possible that the people that the prosecutors sent to prison may have been innocent. The defense lawyer who found out about the misconduct went through thousands of pages of records to prove that the Sheriff’s office was doing something unconstitutional by putting the jailhouse informants next to high profile prisoners to get confessions out of them. The Sheriff’s office knew that it was prohibited, but they did it anyway. They made deals with the jailhouse snitches to get confessions when the defendant had a lawyer and were not supposed to be interrogated by police officers let alone by a snitch. In Dekraai’s case it was suspected that a deputy had purposely put him in a cell next to a known jailhouse snitch to get a confession out of him which is illegal. Prosecutors are supposed to work with law enforcement to develop witnesses, not get illegal confessions. Kaur 3
At first the District Attorney’s office was only going to be ruled as negligent, but
Two years later, the former undercover New York City narcotics detective testified in the Brooklyn Supreme Court, that the Brooklyn South and Queens narcotic squads had been framing innocent people routinely by planting evidence, in order to reach arrest quotas. “It was something I was seeing a lot of, whether it was from supervisors or undercovers and even investigators” , he recounted during his
John smith, the accused, stood up in the courtroom and started yelling at the judge about what he thought of his innocence irrespective of the decision that the judge would make. He also cursed the prosecutor and kept quiet when his lawyer warned him of the negative consequences that would follow if he continued with the same behavior. Smith did not answer any question that the judge asked him. The prosecutor indicated that he had observed similar behavior when he interviewed him, in jail.
Convictions. Now Juries Expect the Same Thing – and That's a Big Problem.” U.S. News
If a suspect cannot afford an attorney the courts must appoint one for them, if they face a possibility of imprisonment. Until an attorney is assigned to their case and they have had an opportunity to consult with him, the police may not begin any questioning.
The first appearance of the notion of silence or lack of silence occurs at the first presence of the criminal justice system: the initial meeting with a police officer. During the War on Drugs, it became common for police officers to stop and frisk people, including those without suspicious behavior, in search of drug violations. Although, not against the law, the majority of people do not know that they have the option of declining such a search and refuse to answer any questions. Professor Tracey Maclin conducted a study regarding this phenomenon concluding, “the overwhelming majority of people who are confronted by police and asked questions respond, and when asked to be searched, they comply. This is the case even among those… who have every reason to resist these tactics because they actually have something to hide” (Alexander 66). Therefore, the finding suggests that only a few people do not fear a supposed consequence of not abiding by a police officer’s request. Hence, people remain silent and do n...
In the 21st century, crimes have been and remains as one of the post-major threats towards
Anyone can be falsely accused of a crime. Everyone accused of a crime deserves a fair
“The trial was brought to a speedy conclusion. Not only did Judge Evans find the twelve guilty, fine them $100 each, and committed them to jail, but five people in the courtroom who had served as witnesses for the defense arrested. […] The police were then instructed to transfer the seventeen prisoners that night to the county jail”(30).
Walsh, James, and Dan Browning. "Presumed Guilty Until Proved Innocent." Star Tribune (Minneapolis, MN). 23 Jul 2000: A1+. SIRS Issues Researcher.
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
Historically, the right to counsel was only guaranteed in federal criminal court (Wice, 2005). A person charged with a crime in the state court did not have the right to legal representation. Law scholar Professor Mason Beaney explained this by saying, “only a few states guaranteed the right to appointed counsel…In most jurisdictions counsel was appointed in none but the most serious cases, often only when the crime was punishable by death” (Wice, 2005, p. 3). Many defendants, who were poor, illiterate, and uneducated had to face the justice system without legal assistance (Smith, 2004, p. 579). Los Angeles County started one of the first public defender programs in 1914, spreading slowly to other counties (Neubauer & Fradella, 2011, p. 176). By the 1960’s, less than a dozen states still refused to provide attorneys to defendants unable to afford one (Smith, 2004).
hold an influential man in jail under the assumption that he committed murder, however as they wait for the marshal, who is not exp...
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
In this scenario, I have decided to report the incident to the district attorney. This decision required a lot of information to be thought through carefully. This situation is an ethical dilemma and the decision to go to the district attorney is most rationale option. Every decision that is made requires balancing concerns such as prosecuting the guilty, respecting the rights of the accused, protecting victims all while creating and maintaining a safe community. Though, decision making isn’t the easiest, we can always make the best choice when we think things through and understand the different ways to approach the situation(s).
Criminal Justice professionals make decisions everyday and they have to be able to recognize when an issue involves ethical considerations. Therefore, in order to recognize these issues and make appropriate and correct decisions, it is important that the criminal justice professional study ethics. In order to make a good ethical decision the professional will have to have the ability to apply knowledge of ethics, know the ethical terminology and the concepts needed in making a good ethical decision.