The United States judicial systems are based on the Constitution of the United States guaranteeing due process of the law. All court officers, prosecutors, defense attorneys, public defenders, and...

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The United States judicial systems are based on the Constitution of the United States guaranteeing due process of the law. All court officers, prosecutors, defense attorneys, public defenders, and judges are bound to an oath of office and the code of ethics to obey to the law. Everybody is equal in front of the law. Is this statement still valid?


Create a critical analysis based on the following statements:



  • The prosecutor evaluates the evidence and facts of a case and decides to prosecute or tonolle prosequithe criminal cases. Explain how the “the desire to win” can lead a prosecutor to pursue a case that should be dropped? Provide an example to strengthen your argument.

  • Most minority offenders are indigent and can’t afford a private defense attorney. Therefore, the court will assign a public defender to represent the defendant. The public defender maintains a heavy workload with minimum budgets.

    • Does the public defender behave ethically when he or she is pushing plea bargains in most cases or is plea bargaining a violation of a defendant’s rights to due process?



  • In the prisons and jails, minorities represent most of the population.

    • Determine if sentencing decisions discriminate against certain groups.

    • Determine if more whites are sentenced to probation versus minorities, even when they commit the same crime. Support your answer with statistical information.

    • Indicate if those sentences are unethical, and then determine what can be done to minimize discrimination.



  • Most of the sentences are retributive, resulting in incarceration. Consider the three ethical frameworks for punishment: 1) utilitarianism, 2) deontology, and 3) peacemaking.

    • Which framework should serve as the ethical framework for punishment today? Support your decision with an example.




Length: 6-8 pages

Answered Same DayJan 19, 2021

Answer To: The United States judicial systems are based on the Constitution of the United States guaranteeing...

Ishika answered on Jan 20 2021
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Criminal Justice Ethics
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Table of Contents
Introduction:    3
Equality in front of the law:    3
Plea and bargain by public prosecutor:    4
Reduce prosecutorial misconduct:    4
Ethics to be followed by prosecutor:    5
Sentencing and discrimination:    6
Ethical frameworks for punishments:    6
Conclusion:    7
Introduction:
Equal
protection is the Constitutional guarantee in US law that, under the law of similar individuals or groups, no person or group is denied rights. In other words, people must be handled in the same way. (Conklin, 2015) While prosecutors are known as confidence officers, their job offers the opportunity and some even see the need for wrongdoing in their own right. The very essence of a lawyer calls for a desire to compete. A win / loss record judges attorneys. Sometimes to win, if a lawyer finds him or her to be a winner, he or she can go ahead, even if it is otherwise to be dropped. Or in some cases, they may withhold evidence in order to win, thus wrongfully convicting an innocent defendant.
Equality in front of the law:
Equal protection shall be extended when, in all cases, the rule of law is applied equally and people exempt under the same circumstances from more obligation than others. (Thomsen, 2018) The 14th amendment to the United States the Constitution prohibits the State from denying to everyone "equal protection of the laws," one of the third amendments introduced at the immediate end of the American Civil War (1861–65).
The Supreme Court held for much the post-Civil War era that the post-Krieg amendments merely served to preserve the liberty of the slave race and security of the newly made free-market man and person against the tyranny of those formerly imposing absolute rule over him. Therefore, beyond racial discrimination, such as the invalidity of the literacy tests and the grandfather's vote provisions, the equal protection clause of the Fourteenth Amendment was applied minimally. The courts also reduced the guarantees that were offered by other rulings, such as "Plessy v. Ferguson (1896)," that have punished racial segregation, and the decisions that defined state action doctrine that limited the enforcement of national civic law. In addition, the intent of the equal protection clause was largely circumvented for almost eighty years after the Fourteenth Amendment was adopted. (Lucy, 2011)
Plea and bargain by public prosecutor:
    Lawyers are often involved in circumstances that cause them to be visible in their position in a big case, whether it is in the election or in the media. This campaign creates competition among prosecutors. Every prosecutor needs to see crime softly. They want to be known by having a crime sent to jail for a very long time for protecting the community. This view can also cause people to get away from what is most important in the justice system, the reality, and it can drive people to succeed at their work. Many prosecutors have a kind of a dream in the dark, which causes them to believe that most defendants are guilty, which involves eliminating any evidence preventing a conviction (Kravtsov, Boryliuk and Yaskorskyi, 2019). This may contribute to the inability of prosecutors to reveal evidence that indicates innocence or that all other accused individuals are not adequately ruled out. "The main reason for the defendant's wrongdoing in this case is the continuing conviction of prosecutors in the defendant's guilt. Another motive for the abuse of the prosecutor is guilt psychology, in order to force the prosecutor to seek prosecution at all costs from a legal society. There's also political motivation, people don't want a small conviction, voters want a district Attorney who is tough on crime effectively. Despite little oversight and little effect on the actions of abuse prosecutors, convictions have to be made at any cost (Kravtsov, Boryliuk and Yaskorskyi, 2019).
    The incompetence of the prosecutors can have huge consequences for people accused of a crime. "Delma Banks has been convicted and sentenced to death of capital murder in Texas. The United States Supreme Court halted his execution just ten minutes prior to his death,...
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