Reaching epidemic proportions and spreading like a disease, prosecutorial misconduct has cut across geographic and socio-economic areas with the effect of infecting the criminal justice system (Lawless, 2008). Prosecutorial misconduct takes place when a prosecutor breaks the law or code of professional ethics during the prosecution stage. Legal and ethical violations can weaken the conformity to the law and rules that are to be followed within the criminal justice system (Cromwell, P. F., Dunham, R. G., & Palacios, W. R., 1997). In this paper, existing research focused on factors related to prosecutorial misconduct will be presented. This paper will also examine potential remedies that exist to confront prosecutorial misconduct. Prosecutorial …show more content…
When it comes to the vague ethics rules and finding effective ways to create a set of clearer ethical standards, legalistic approaches should be taken. Legalistic approaches began in the early 1900’s with the first set of ethics rules, the 1908 Canons. The 1908 Canons stated the primary duty of a prosecutor is to seek justice. The 1908 Canons method failed due to the lack of clarity concerning in depth what the prosecutor’s ethical obligations were. Another remarkable approach was the 1969 Model Rules, which made operational progress in defining the ethical duties of a prosecutor which established a set of rules, but yet and still failed to address the ethical obligation of seeking justice (American Bar Association, 1983). If these legalistic approaches continue to advance and make suitable amount of progress, less failure will occur and eventually the goal of seeking justice will be reached. An effective method to alleviate the vast discretionary authority with little to no transparency would be to use a prosecutor’s handbook (Joy 2006). Both the American Bar Association Prosecution Function Standards and National District Attorneys Association make recommendation of using a prosecutor’s handbook. These written standards bring more awareness to prosecutors allowing them to know the limits of their authority and provides guidance on how to properly exercise discretion. At the last point, inadequate remedies which create incentive to prosecutorial misconduct rather than deter it can be solved by reformation (Caldwell, 2013). Within trial courts, when a prosecutor has fraudulently obtained evidence, the trial court does have to option to exclude the evidence in which has been affected by misconduct. This approach typically does not result in anything further than a verbal reprimand. There are no types of
In this case study there are a few unethical behaviors that had occurred. One unethical decision was to commit the act of conspiracy. Bell, Forrest and Sillings teamed together to steal from an active crime investigation. The second unethical decision was when these individuals stole sums of cash and personal property from the victim while executing search warrants. The three individuals committed two primary crimes: conspiracy and theft. These officers were who took the oath to protect and serve the community were doing the opposite. Bell, Forrest and Silllings belonged
Proximate Cause: The shoulder and rotator cuff injuries were within the scope of the risks that made us determine that the dropping of Vicky’s body was a breach. Because Dwayne dropped Vicky, Dwayne’s dropping of Vicky’s body proximately caused the injuries sustained. Felix’s carrying of the body was a cause in fact but not the proximate cause of the injuries Vicky
The relationship between law enforcement and prosecutors, which goes hand-in-hand, can’t be overlooked. Evidence of a crime that detectives and law enforcement discover is as equally important as a good trial on part of the prosecution. If detectives aren’t able to find good solid evidence – that case usually isn’t bothered in being pursued. Several years ago, in the late 80’s, there was a murder case in Southeastern Oklahoma which now serves as a tragic example to the need for honest, constitutional work in the criminal justice system. Disreputable investigative procedures, fraudulent sources, and bad evidence were the foundation of this case that shattered innocent lives.
Police corruption is a form of police misconduct in which law enforcement officers seek personal gain and abuse their power in order to achieve it. A common example of police corruption is the acceptance of bribes in exchange for not pursuing a suspect or even discontinuing an investigation. Another, more extreme, example is police officers falsifying evidence in order to secure the convictions of their suspects. When situations like these arise, individuals charged with a crime are doomed from the start. The trial which they are given is unfair and the prosecutors are provided with evidence that will undoubtedly convince a jury or judge that the accused individual is indeed guilty, no matter if they are innocent or not. One of the most recent and highly publicized incidents regarding police fraud would be the O.J. Simpson case of 1995, which simultaneously served as an example of the imperfections related to the double jeopardy rule.
Each position in criminal justice holds power and responsibility, and therefore, it is very important that said people in those positions do not abuse it. Unethical behavior in the criminal justice system takes away trust and respect from authority, and as a consequence, the law is more easily disregarded if the people lack faith in the system. It can, also, contribute to crime and/or cause citizens to not report crimes. Society should have indubitable confidence in the men and women of the criminal justice system. Law enforcement officers violating even the smallest rule could lead to more serious infractions. Syed (1997) states, "Every instance of corruption bends or violates a rule or law and, similar to the granting of impunity, may contribute to an officer's perceptions of the law as applying differently to different people and increase the ease with which violations can be rationalized." Having less than ethical persons in our criminal justice system can lead to a weakened society, the ruining of lives, and even add to crime.
Police corruption is not a new problem in society and there is not a standard way to deal with it. Police officers have enormous power and responsibility and are asked to make difficult decisions. There is not an exact guide to behavior for police officers so their discretion can lead to corruption (Monkkonen, 1999). The existence of police corruption in America has created a negative public view of law enforcement. Police corruption has deteriorated the relationship between law enforcement and the community. In the past four years, more than 500 officers in 47 cities have been convicted of various federal crimes. Local and state authorities in 32 other jurisdictions are either engaged in active investigations or prosecutions of dirty cops (Johnson,1998) .
This paper assumes that a police officer may or may not have “probable cause to arrest a defendant for armed assault” (AIU, 2016, para 1). I will address if the police officer had probable cause to believe that there is a person hiding in the third person’s garage, attached to the house (AIU, 2016, para 1). Accordingly, the police officer may need or not a warrant “to enter the garage to arrest the defendant” (AIU, 2016, para 2). An examination to “if the officer is in hot pursuit with the defendant” (AIU, 2016, para 2), and if the defendant is known to be injured and armed” (AIU, 2015, para 2). In addition, explain if the police officer probable cause to arrest and search the A and B residences.
Prosecutorial misconduct is when a prosecutor wrongfully convicts a defendant based on information he or she may keep concealed from a judge and/or jury. Ask the average citizen, and they are totally unaware that such a thing ever happens. The public is often persuaded to believe that all prosecutors are honorable people who are committed to ethics, justice, and upholding the law. But prosecutorial misconduct and misdeeds happen, and they occur more frequently than anyone would imagine. Judge Konzinski, stated to the Washington Post, “Prosecutorial misconduct is a particularly difficult problem to deal with because so much of what prosecutors do is secret. If a prosecutor fails to disclose exculpatory evidence to the defense, who is to know? Or if a prosecutor delays disclosure of evidence helpful to the defense until the defendant has accepted an unfavorable plea bargain, no one will be the wiser.” No wonder society is naive to the prosecutorial misconduct that transpire
In an article by Wolfe & Piquero (2011), research was focused on the relationship between organizational justice and police corruption. Previous research suggested that organizations perceived by employees as unjust or unfair would have higher instances of employee deviance. Police officers were thought to be more inclined to violate policy when management
Martin, Rich. "Police Corruption: An Analytical Look into Police Ethics." The FBI Enforcement Bulletin May 2011: 11+. Academic OneFile. Web. 9 Feb. 2015.
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
It is often said that power brings corruption, but in reality it is an individual’s lack of character, self-discipline, and integrity that leads to corruption. Law enforcement can bring many temptations on the job, and maintaining an up most level of personal integrity can often times be very difficult. The very nature of the job surrounds officers with all of the bad things that society, produces. There can be an endless amount of training and rules put into place to try and deter officers from committing unethical acts, but in the end it really just comes down to the specific individual and their willingness to do the right thing.
In this essay, I will examine the ethical issues surrounding police corruption and discretion in the criminal justice system. I will also define legality and equity and how they relate to police corruption and discretion. Police corruption and discretion are ethical issues that have been negatively impacting the criminal justice system for years. Police corruption weakens the public 's confidence in law enforcement officers. It also hinders the effectiveness of law enforcement officers whose job is to serve and protect. I will also define police corruption and discretion and the reasons behind police misconduct.
There are four elements in the tort of negligence: duty of care, breach of duty, proximate cause and harm or damage that is attributed to the breach of duty. Negligence is the breach of duty to take care, wherein breach is considered on the basis of the standard of care required.
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.