Criminal Justice System/Process (Law)
Instructions:
Answer the following questions based on the information you learned after reading the articles:
•What types of misconduct can be committed, and how does it affect a defendant’s right to a fair trial?
•What are the functions of the prosecutor and defense attorney?
•Under what circumstances might prosecutors engage in misconduct?
•What remedies have the courts found for attorney misconduct that occurs during a criminal prosecution?
Solution
Criminal Justice System/Process (Law)
Types of Misconduct
Defense attorneys and the prosecutors may engage in different types of misconduct to reduce the chances of issuing a just verdict. One of the types is the failure to disclose essential evidence. The prosecutor may do so in order to limit the defendant from getting a fair trial, and thus receiving punishment for what he or she did not do. The defense attorney, on the other hand, may hide evidence to reduce the sentence or win a case in court. As a result, the accused does not receive the required corrective measures.
The second type of misconduct is the use of false evidence. The attorneys may use false witnesses to support or incriminate the defendant. The prosecutors, for example, may violet the right to free trial through assuming that the defendant is guilty. As a result, there is minimal chances for the defense attorney to present the case in court proving the innocence of the accused. The defense attorney, on the other hand, may use false witness to win a case. This reduces faith in the criminal justice system (Hartley, Rabe & Champion, 2017).
Other types of misconduct include discrimination during jury selection and encouraging media interference. These types are usually found among the prosecutors. They may choose the jury that would favor one side of the argument presented, thus limiting the court from being just. Moreover, the prosecutors may involve the media, thus influencing the public’s and jury’s opinion on the case, thus limited justice. The defense attorney, on the other hand, may engage in misconducts such as lack of representing defendants due to religious and ethnic orientation, misrepresentation, and taking bribe (Palacios, Cromwell & Dunham, 2002). As a result, the defendant does not get a just verdict.
Functions of the Prosecutor and Defense Attorney
The function of a prosecutor is to ensure that the court reaches a just verdict during trial. After receiving reports from the law enforcement officers and investigators, the personnel is responsible for forwarding the case for trial in the court. He or she should work for the public interest instead of showing any kind of favoritism towards either the defendant or the accuser. The prosecutor works with the private investigator to uncover more evidence related to the case. He or she should present all evidence without alteration. The evidence should therefore be reliable, credible, and trustworthy. The prosecutor also presents witnesses that help unveil the facts of the case that would help issue a just verdict. After the court issues a verdict, the specialist is responsible for enforcement of the decision (Hartley et al., 2017).
A defense attorney, on the other hand, is an advocate for the accused person. Thus, one of the functions of the personnel is acting on behalf of the client to ensure that the defendant’s rights are not violated. The attorney advices the client on the best cause of action and is responsible for explaining all the steps of the legal system. The lawyer also guides the defendant on when not to speak and what not to say to avoid self-incrimination. In court, the defense attorney presents facts of the case and witnesses in an effort of proving the innocence of the accused. The attorney also advises the client on which plea to take, either guilty or not guilty. The lawyer could also take the role of a negotiator, where he or she could advise the defendant to plea a bargain and then negotiate the best terms for the accused. Unlike the prosecutor that works for the best interest of the public, the defense attorney works for the best interest of the defendant (Hartley et al., 2017).
Circumstances Prosecutors Engage in Misconduct
Although the work of the prosecutors is to ensure that the courts serve justice to both the accused and the accuser, they may finds themselves in circumstances where they engage in misconduct. One such situation is when the personnel experiences pressure to close cases and clear the heavy workload. Sometimes the prosecutor has numerous cases that he or she has to work on. Each case takes considerable time and energy as one sets to investigate and ensure that the facts presented in the court are correct. The workload may result in the prosecutor assuming that the facts represented in court are rue in order to hasten the hearings and the verdict.
Another circumstance may be when there is involvement of personal feelings and attitudes. The prosecutor may be assigned a case where he or she may develop an inclination towards either the accused or the defendant. Cases such as child abuse, murder, and women battery may cause the prosecutor to take sides. The personnel may have had a personal experience with the scenario. As a result, the prosecutor may withhold information to ensure the incrimination of the defendant.
The misconduct may also occur when the case involves people who are close to the prosecutor. He or she may work on a case that involves family members and loved ones. In such a case, the prosecutor may show biasness in jury selection to favor the person. In case he or she has a personal grudge with either the accused or the accuser, bias may also arise to work against the individual (Palacios et al., 2002). As a result, the issues verdict would go against the interests of the rival.
Court Remedies for Attorney Misconduct during a Criminal Prosecution?
When attorneys violate the set ethics and professional standards, they are liable for disciplinary proceedings. One of the ways they are disciplined by the court is through private reprimands. The judge may sermon the lawyer and reprimand him or her for not working for the interest of the defendant. Other people who can reprimand the individual include the partners of the law firm the lawyers work and the disciplinary committee of the American Bar Association, which is the body in charge of governing the conduct of lawyers in the United States. This form of disciplinary action mainly occurs for minor offenses (Palacios et al., 2002).
The attorneys may also be discipline through public censure. In this case, the ABA makes a public announcement on the conduct of the lawyer and clearly indicates that the behavior is against the professional conduct. Censure is usually applied where the lawyer has received private reprimands before on the same type of misconduct.
An attorney that engages in misconduct during a criminal probation period is usually less than two years. The defense attorney therefore works under supervision since his or her work is frequently monitors. After the assigned period, a committee holds a hearing to determine if there is need for further supervision or termination of the probation.
Misconduct of the attorney may also
attract suspension by the court. The lawyer cannot practice law within three
years. After the period, the lawyer goes under probation for an assigned time
for monitoring the work. Further engagement in misconduct would result in disbarment,
where the attorney cannot practice law within the State (Hartley et al., 2017).
References
Top of Form
Hartley, R. D., Rabe, G. A., & Champion, D. J. (2018). Criminal courts: Structure, process, and issues. Boston: Pearson. Palacios, W. R., Cromwell, P.
F., & Dunham, R. G. (2002). Crime & justice in America: Present realities and future prospects. Upper Saddle River: Prentice-Hall.
