Abstract
This analytical essay discusses the practical ethics of a criminal defense attorney in the state of Massachusetts. The writer discusses the ethic issues one may face as an attorney, and how to confront and understand the ethical issues according to the preamble of Massachusetts. There are three distinct issues the writer looks at. The first is the conflict of interest, when the same lawyer represents multiple defendants. The second ethical issue that is presented is determining diminished capacity. The third and final ethical issue the paper discusses is the defense lawyer providing a "not guilty" plea for a guilty client.

From the Paper
"One of the most basic ethical issues that can arise is the conflict of interest that can and almost always does, in some fashion, arise when multiple defendants are represented by the same lawyer during the same criminal proceeding (Rule 1.7). Not only is the lawyer's role as the representative of their client split, but the quality of justice is often best served when independent counsel is retained by each defendant charge with a crime. In this scenario, as with all cases of criminal defense tat come to trial, each client must be presumed innocent. Proving this innocence, or rather casting reasonable doubt on a defendant's guilt, becomes the necessary goal of the client's representative, i.e. the lawyer. The best way to do this, especially when there are multiple suspects/defendants, is often to cast suspicion on one defendant in order to remove it from another. Multiple representation, quite obviously, cannot allow this to occur, as it serves the legal interest of only one client, and is a clear violation of the lawyer's duties.
"At the same time, there are many cases where multiple representation has proven the most effective way to provide defense for all clients, as this defense becomes more unified and coherent."

Tags:ethics, attorney, massachusetts, law

Abstract
This paper discusses how, when an attorney is defending a client, he or she has to determine the best defense strategy based on the specific situation of the case. The writer briefly looks at how different defense types include affirmative criminal defense, insanity defense, coercion and duress, abandonment and withdrawal, as well as others.

From the Paper
"Affirmative criminal defense is a legal approach that consists of tactic and theory. In a case the defendant's attorney will attempt to prove the prosecution's evidence as incorrect or false. However, in affirmative defense the attorney will accept parts of the evidence as true. These cases offer counter evidence that proves the client's innocence (Attorneys.com, 2011). A good example of using affirmative defense is first-degree murder. In order to be charged with first-degree murder, the crime has to be premeditated. The counter evidence in this type of case can be an alibi witness (Attorneys.com, 2011). If this witness can testify that the defendant was not at the crime scene and knew the exact whereabouts of him or her while the crime was committed, this could disprove the case. "

Tags:affirmative, insanity, coercion, duress

Abstract
The paper explains criminal defense as one of the cornerstones of the American criminal justice system which emphasizes the concept of "innocent until proven guilty." The paper explores the types of criminal defenses generally recognized in the legal system, which include alibis, justifications, excuses and procedural defenses. The paper focuses on defining each category, as well as giving examples as to how they might be used. The paper further explores the misconceptions regarding the laws related to defenses against a criminal charge.

From the Paper
"The first category of defenses is the alibi. According to Schmalleger (2004), an alibi is "A statement by an individual that has been charged with a crime that he or she was so far away or so engaged in provable activities that he or she could not have committed the crime." In essence, the alibi defense is a denial that the individual committed the crime. However, this defense is effective only if there is factual or provable evidence that the alibi is legitimate (Schmalleger, 2004)."

Tags:alibi, denial, justification, innocent, guilty, prosecution

Abstract
The paper discusses age as a criminal defense and concludes that 18 should remain the age to treat an offender as an adult. The paper includes three Powerpoint slides.

From the Paper
"Criminologists and jurists, as well as policymakers, have long attempted to determine the specific age at which individuals should be held criminally liable for their actions. In most jurisdictions in the Western world and throughout the United States, the law identifies offenders the age of ... as juvenile delinquents and not as adult criminals. (Siegel, Senna) The age for criminal culpability in most American states is ... and juvenile law is mainly governed by state law, with most..."

Tags:juvenile justice, age

Abstract
This paper stresses that, without the due process rights and the guaranteed adversarial process involved in the criminal justice system, attorneys would not be able to present evidence to the court of the innocence of the defendant. Next, the author relates that factual or legal defenses attempt to prove that it would be impossible for the defendant to have committed the crime. The paper explains that the excuse defenses provide a rationale for having committed the crime; whereas, justification defenses involve admitting guilt but provide a reason why they disobeyed the law are most often used to gain exculpation. Specific examples are included in the paper.

From the Paper
"The excuse defense involves the extenuating circumstances involved with the crime. In other words the criminal defendant committed the crime but their excuse for committing the crime becomes their defense. The excuse defense of duress involves a natural response to a natural threat. Duress occurs when the defendant has been deprived of his or her free will by means of a threat of violence or threat to personal liberty (Matters, 2004). For example in the case of a female bank manager who was kidnapped along with her daughter. Explosive were put around the waist of the bank managers seven years old daughter and the defendant was told unless she robbed the bank her daughter would die. The bank manager did as she was instructed and robbed the bank. The bank manager committed the crime of bank robbery because she had no other choice. In fact she was acting out of duress when she committed the crime of bank robbery.
"Another excuse defense is intoxication. The criminal defendant claims they were not responsible for their criminal actions because they were intoxicated. A criminal defendant will plead not guilty to the charges citing because of their intoxication they are not guilty of the crime. In order to be guilty of a crime the criminal defendant must have the intent to commit the crime or mens rea."

Tags:self-defense, extenuating circumstances, involuntary intoxication, provocation competency

Abstract
This is a high level essay discussing the implications of genetics in criminal behavior which then focuses on the argument of whether or not genetics and DNA should successfully be implicated for their role within the context of a criminal defense. The stance taken for this paper is that this is not a viable defense for criminal activity. The paper cites current research.

From the Paper
"The question of "nature vs. nurture" relative to the role of aberrant behavioral displays has been one that is long debated, filled with considerable research and vested interests on both sides of the debate and one that is not likely to be resolved in our lifetime. This paper will present a high level argument demonstrating that a defendant's genes, while potentially a contributory factor, do not by themselves excuse criminal behavior. Three factors will be reviewed: genetic predispositions and what they mean, role of the environment and the legal implications for genetic defenses. "Genetic Predispositions Tehrani and Mednick" (2000 as cited by Jones, 2005) concluded that there was conclusive evidence of a genetic "component" in criminal behavior."

Tags:genetics, behavior, environment

Abstract
The paper explores the principles and guidelines for the behavior and professional conduct of attorneys, judges, and prosecutors. The paper discusses violations of the code of ethics, such as the overload of cases that criminal defense attorneys are burdened with, leaving them unable to represent their clients to the best of their ability, as well as other common ethical violations.

Outline:
Introduction
Professional Responsibility and Ethical Considerations
Criminal Defense Attorneys and Caseload Limitations
Prosecutorial Excess
Integrity of Judges and the Canons
Summary and Conclusion

From the Paper
"Hall (2007) states that since the common view is one that the rule of caseload limitations has "limited applicability to those who are viewed as having no control over their caseload, i.e. public defenders and prosecutors" the American Bar Association's Standing Committee on Ethics and Professional Responsibility" issue an ethics opinion in 2006 that "specifically requires public defenders to keep their caseloads under control or seek relief in court." (p.10)
"It is specifically stated by Hall (2007) that the ABA Ethics Opinion No. 06-441 states as follows: "If a lawyer believes that her workload is such that she is unable to meet the basic ethical obligations required of her in the representation of a client, she must not continue the representation of that client or, if representation has not yet begun, she must decline the representation." (pp. 10-11) In the even the caseload of the public defender is too high then the public defender is "ethically compelled to seek a reduction." (Hall, 2007, p.11) The ethics opinion makes the requirement for the public defender to approach his or her supervisor and then to proceed up the chain of command to the head of the office. If the public defender's office does not address the problem "the opinion requires the defender to go above their heads and seek relief in court." (Hall, 2007, p.12)"

Tags:caseload, integrity, impartiality

Abstract
This paper discusses contemporary ethical issues in the criminal justice system; from the municipal levels all the way up through the courts and the corrections system. The paper discusses how sometimes it is necessary to have intervention of the court in order to ensure that these ethical issues are addressed and that the civil rights of the public are not compromised.

Table of Contents:
Abstract
Criminal Justice Ethics
Areas of Ethical Concerns
Events Affecting Criminal Justice System
Admissible Confessions After Periods of Detainment
McNabb-Mallory Rule
Indigent Defense
Flawed Defense System
Indigent Defense System Reform
Prosecutorial Misconduct
The Duke Lacrosse Team Case
Significance of Events
Impact of Improvements to the Indigent Defense System
Impact of Prosecutorial Misconduct
Future of the Criminal Justice System
Technology in Criminal Justice
Other Changes in the Criminal Justice Field
Civilian Oversight of Police Departments
Conclusion

From the Paper
"All levels of the criminal justice system encounter difficult moral and ethical issues on a daily basis. Previous court decisions have set forth safeguards and guidelines determining what are considered ethical behavior. Additional question regarding the ethical behavior of criminal justice employees will continue to be an issue as technological advancements continued to be used in the profession for example. The safeguards that have been previously determined by the court system will continue to shape the ethical behavior by the criminal justice professionals that work within. Without these safeguards, criminal justice professionals would be able be free to engage in any behavior they wished to without the regard of ethics thus placing the public is at risk for being on the receipt of misconduct."

Tags:defense misconduct, civil rights

Abstract
The paper begins with an overview of how criminal liability is measured in terms of the degrees and principles surrounding liability. The crux of the paper, however, concentrates on aspects of the legal framework that provide defenses to criminal liability. This analysis is then supported with a theoretical framework and findings from the literature that are used to provide thorough analyses related to defenses to criminal liability.

Outline:
Introduction
Legal Framework of Criminal Liability
Strict Liability and the Defense
Justification of Criminal Conduct
Criminal Liability
Defense
Conclusion

From the Paper
"The criminal liability relationship highlighted within the paper and later presented with examples for defenses to criminal liability is affected by differences related to types of crimes; such as, criminal conduct and true crimes. That is, the degree of liability within the former does not require all of the principles to be upheld while with the latter it is necessary that the corpus delicti rule holds. As such the measures of criminal liability are different across categories and may not be easily quantified in the relationship outlined in the equation specified throughout the paper. An example of the former is a burglary while of the latter its homicide, the difference within these two crimes is a clear indication of why criminal liability is not a trivial issue and why it is not always a direct relationship and how defenses can be formulated within the legal context (Schellenger & Wittmer, 2003, p. 1).
In the general scenario, the degree of liability can be easily established via culpability, capacity, and responsibility along with the five principles highlighted, however the logical structure of criminal liability is not as simple as the formula above highlights but has different scenarios and principles that will affect how the law is quantified or how the degree of criminal liability is measured."

Tags:Defenses, criminal, liability

Abstract
The paper discusses how criminal liability is the idea that elements of a crime need to be proven beyond a reasonable doubt and should be proven to have been committed by the defendant(s). The paper explains that ideally, the degree of liability should be the violation of the criminal law less any defense or mitigation, but there are many issues that will not make this relationship as direct as the formula above shows - Degree of liability = violation of the criminal law - defense or justification mitigation. The paper further explains that the degree of liability depends on many facets that will not make this relationship as direct as the equation above.

From the Paper
"Criminal liability is the idea that elements of a crime need to be proven beyond a reasonable doubt and should be proven to have been committed by the defendant(s). Ideally, the degree of liability should be the violation of the criminal law less any defense or mitigation, but there are many issues that will not make this relationship as direct as the formula above shows - Degree of liability = violation of the criminal law - defense or justification mitigation. That is, the degree of liability depends on many facets that will not make this relationship as direct as the equation above. As such there are ways to provided robust defenses to criminal..."

Tags:criminal, liability, defenses