Ethical Violations in the Criminal Justice System Term Paper by Nicky

Ethical Violations in the Criminal Justice System
An examination of the professional conduct of prosecutors, attorneys and judges in the criminal justice system.
# 149102 | 2,182 words | 7 sources | APA | 2011 | US
Published on Nov 25, 2011 in Law (Criminal) , Criminology (Criminal Justice and Corrections) , Ethics (General)


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Description:

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)"

Sample of Sources Used:

  • Freeman-Wilson, Karen, Tuttle, Roberg, and Weinstein, Susan P. (2001) Ethical Considerations for Judges and Attorneys in Drug Court. May 2001. National Drug Court Institute. Online available at: http://www.ndci.org/publications/ethicalconsiderations.pdf
  • Fines, B.G. (2008) Researching Professional Responsibility. University of Missouri, Kansas City School of Law. 2008. Online available at: http://www.law.umkc.edu/faculty/profiles/glesnerfines/bgf-13.htm
  • Burns, A.I., Dennis, W.L. and Garcia-Boker, A. (1998) Curbing Prosecutorial Excess: A Job for the Courts & Congress. The Champion - National Association of Criminal Defense Lawyers, July 1998. Online available at: http://www.criminaljustice.org/CHAMPION/ARTICLES/98jul01.htm
  • Data Quality Guidelines - An Overview. U.S. Department of Justice Office of Justice Programs - Bureau of Justice Statistics. Online available at: http://www.ojp.usdoj.gov/bjs/dataquality/overview.htm
  • NACDL Indigent Defense Policies (2001) Standards, Contracts & Professional Responsibility. Online available at: http://www.sado.org/fees/1997-05-01-ind00005.pdf

Cite this Term Paper:

APA Format

Ethical Violations in the Criminal Justice System (2011, November 25) Retrieved May 27, 2023, from https://www.academon.com/term-paper/ethical-violations-in-the-criminal-justice-system-149102/

MLA Format

"Ethical Violations in the Criminal Justice System" 25 November 2011. Web. 27 May. 2023. <https://www.academon.com/term-paper/ethical-violations-in-the-criminal-justice-system-149102/>

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