Answer To: The United States judicial systems are based on the Constitution of the United States guaranteeing...
Ishika answered on Jan 20 2021
Criminal Justice Ethics
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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,...