...Assignment 1: Ethics for Prosecutors and Defense Attorneys Due Week 4 and worth 140 points Research the Internet or the Strayer Library for two (2) separate criminal cases where a: a. Prosecutor violated the Attorney Professional Code of Conduct. b. Defense attorney violated the Attorney Professional Code of Conduct. Write a three to five (3-5) page paper in which you: 1.Summarize the facts of the cases, analyzing the roles of the prosecutors and defense attorneys, and detailing what violations of code of conduct were alleged to have occurred. 2.Determine which duties were breached and what the prosecutor and defense attorney should have done to comply. 3.Deduct the professional and / or personal ramifications of the alleged shortcomings. 4.Research and cite at least four (4) peer-reviewed sources in addition to the text. Access to the Strayer Learning Resource Center is available to students, including Lexis-Nexis and EBSCO. Note: Wikipedia and similar Websites do not qualify as quality resources. Your assignment must follow these formatting requirements: •Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA format, including in-text citation. Check with your professor for any additional instructions. •Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title and the date. The cover page and the reference page are not...
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...University of Phoenix Material Courtroom Participants’ Professional Standards Research the Internet and locate at least one real-life example of each of the following: • Prosecutorial misconduct • Ineffective assistance by criminal defense counsel • Judicial misconduct Select and complete one of the following assignments: Option 1: Paper Option 2: Presentation Option 3: News Article Option 1: Paper Write a 1,050- to 1,400-word paper in which you summarize each example and address the following questions: • What did the prosecutor do wrong? How does immunity protect the prosecutor from the consequences of his or her misconduct? • What did the criminal defense attorney do wrong? What is the Strickland v. Washington standard? Refer to Ch. 10 of Courts and Criminal Justice in America. How do the performance prong and the prejudice prong of the Strickland standard apply to the example? • What did the judge do wrong? Which judicial selection option—either appointment, election, or merit—would help to reduce instances of judicial misconduct? • How does the misconduct or ineffectiveness of these courtroom participants reflect or thwart the crime control model of criminal justice? How does the misconduct or ineffectiveness of these courtroom participants reflect or thwart the due process model of criminal justice? Format your paper consistent with APA guidelines. Option 2: Presentation Create a 10- to 12-slide Microsoft®...
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...Courtroom Participation Paper The courtroom assemblage consists of numerous participants, the prosecutor, defense attorney, defendant, judge, bailiff, witnesses, and the jury. Each of these participants plays a significant part in the criminal justice system court process. Prosecutorial “The prosecutor is an administrator of justice, an advocate, and an officer of the court; the prosecutor must exercise sound discretion in the performance of his or her functions. The duty of the prosecutor is to seek justice, not merely to convict” according to American Bar Association. The prosecutor represents the government in court. The prosecutor is a key element in the justice process; the prosecutor’s role has evolved and become specialized and multifaceted as the law and legal system progresses. Their primary function is to prosecute offenders to the fullest extent of the law. To present the court with the focal points of indictment, present the evidence and argue the case. The United States Attorney General is the highest ranking law enforcement official in the U.S. and is appointed by the president. On the state level constituents vote for the attorney general. Every state is broken down into sections known as districts and each has a district attorney that heads their districts judicial system. Defense The defendant is the person accused in crime. A defense attorney can be privately hired by the defendant or if the defendant cannot afford one, one will...
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...Jessica Jones Legl 110/Compare and Contrast Paper November 7, 2011 In August 2011, the New Jersey Supreme Court decided on new guidelines making it easier for defendants to request pre-trial hearings to question the validity of eyewitness identifications. Under the new guidelines, a hearing must be held when a defendant presents evidence that the identification of a suspect by a witness may have been influenced. The influence could be any number of factors including police behavior, level of stress during the event, lighting and length of time between the event and the identification. If the evidence is admitted, the jury must be given an explanation giving details of the factors that could contribute to misidentification. Two articles discuss this decision, “Court Raises Bar for IDs by Witnesses” written by Caitlin Dineen for The Press of Atlantic City (October 8, 2011) and “In New Jersey, Rules Are Changed on Witness IDs” by Benjamin Weiser for The New York Times (August 24, 2011), and offer interesting viewpoints on the issue. This paper will discuss those viewpoints. The Press of Atlantic City article did not go into extensive detail as to what the new ruling entailed, instead, it chose to interview local attorneys to get their views. James Leonard Jr. states, “I think it’s going to be a valuable tool for defense attorneys.” While on the surface this new guideline would appear to make prosecution more difficult, Ocean County executive assistant...
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...the State Attorney’s Office to further my career as a defense attorney, I zealously advocated for every one of my clients at every stage of representation. As you move forward, you will need attorneys to fill key positions in your organization. I will discuss in detail my key accomplishments that make me a perfect candidate for one of these positions. Trials Since starting at the Public Defender’s office in August I have focused on trials. In a little over three months I conducted seven jury trials. As you know, this is well above average for the office. The average Assistant Public Defender in this circuit averages one trial per quarter. My trial performance is exceptional in another respect, each of these seven trials resulted in a not guilty jury verdict. I obtained diverse trial experience as the charges at each trial were different. I defended against resisting arrest, fraud and theft, driving crimes, as well as violent crimes. The defenses presented at trial were also varied, from an alibi defense, to an identification defense and to just pulling a rabbit out of the hat. As you know, I also have experience as a prosecutor. I have prosecuted over a dozen cases at trial. Although I can’t say that I am undefeated as a prosecutor, I have learned a great deal from these trials. This experience will help me prepare powerful defenses for our clients. Trials experience serves a key component of any legal defense organization. I stand ready to continue to zealously...
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...Counsel Presentation Option 2: Right to Counsel Attorney Interview Option 3: Right to Counsel Article Option 1: Right to Counsel Presentation Analyze two cases involving right to counsel and document your observations in a 7- to 10-slide Microsoft® PowerPoint® presentation with detailed speaker notes. Use complete sentences, with correct grammar and punctuation, to fully explain each slide as if you were giving an in-person presentation. Address the following topics: • The aspects of right to counsel for the cases • How the historical development of right to counsel relates to the cases • When the right to counsel attaches to criminal procedure for the cases • Whether the defendants in the cases exercised their right to self-representation • The role of the attorneys in the cases as it applies to right to counsel Include videos, audio, photos, diagrams, or graphs as appropriate. Format your presentation consistent with APA guidelines. Option 2: Right to Counsel Attorney Interview Research one case involving right to counsel using the Internet or University Library. Analyze the case and identify two or three questions you want to ask an attorney regarding the right to counsel. Find an attorney to interview by searching the Internet, checking your local phone book, or referring to the National Association of Criminal Defense Lawyers. Write a 700- to 1,050-word paper that incorporates the attorney’s responses about the...
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...shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” (para. 1). In other words, defendants obtain the constitutional right to be represented by an attorney during a trial even if the defendant cannot afford one. When one cannot afford an attorney the government appoints one to handle one’s case, at no cost. At almost every important phase of the criminal process, the suspect has the right to a lawyer. The right to council is important to defendants because they are the ones who will be most likely facing charges and without the right to counsel defendants run the risk of serving a long term jail time and/or death. * This paper will analyze two cases and discuss how the historical development of right to counsel relates to the cases, when the right to counsel attaches to criminal procedure, whether the defendants in the cases exercised their right to self-representation, and the role of the attorneys in the cases as it applies to right to counsel. The reader will gain better knowledge of what the right to counsel is and whether or not one has the right to counsel based on their situation. How Historical...
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...Deoxyribonucleic acid, commonly known as DNA, is the carrier of genetic information and the building blocks of all organisms. It is also the building block for both the defense and prosecution in criminal cases. This paper will explore the history of DNA profiling in the criminal justice system. While it is a common misconception that James Watson and Francis Crick discovered DNA in the 1950s, it was actually discovered in the 1800s. The molecule now known as DNA was first identified in the 1860s by a Swiss chemist called Johann Friedrich Miescher. Johann set out to research the key components of white blood cells, part of our body’s immune system. The main source of these cells was pus-coated bandages collected from a nearby medical clinic....
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...The Jury Selection Process Taurean F Dawkins Strayer University Huntsville, AL February 10, 2013 Abstract “The Jury Selection Process” is a research paper that reviews the jury selection process in detail. First we will review the stages of the criminal trail and go in depth with the jury selection process. The paper will demonstrate why the jury selection process is necessary for the United States as well as its patrons. The paper will also provide a break down of advantages and disadvantages on the jury selection process. In addition to the information listed above, we will review some large profile court cases and its jury selection process. This will determine just how detailed and challenging the process can prove to be. The criminal trial process is a precaution that the United States Government has in place in order to protect the patrons of this country constitutional rights. By using the criminal trial process, they ensure that each civilian is offered a far and speedy trail. The criminal trail process has a number of different steps in order for it to flow seamlessly. The steps of the criminal trial process are as follows: trail initiation, jury selection, opening statements, presentation of evidence, closing arguments, judge’s charge to the jury, jury deliberations, and the verdict. Within this body we will be reviewing the jury selection process within detail. Within the Sixth Amendment of United States Constitution it points out that a citizen...
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...punish those who commit crimes against one another and for those who break the laws in other ways. According to Pearson (2012), crime can be defined as conduct in violation of the state, the federal government, or a local jurisdiction for which there is no legally acceptable justification or excuse. Pearson (2012) also states, that “crime” depends on where you are, which means it is a daily routine for society and directly affects a person, place, and any witnesses associated with it. The American criminal justice system has many elements with crime as the major one. In essence, if there were no crime, there would be no need for a criminal justice system. The intention of this paper is to describe the elements of the criminal justice system and the process it goes through to prosecute a criminal. The research conducted will also describe the government structure and its relevance to the criminal justice system, the diverse elements, and the role law enforcement has with aiding society in maintaining social order and guidance. Law enforcement has many levels in America. There are federal, state, local police agencies, with the same goal of stopping crime, arresting suspects, and completing investigations when crimes are committed. Nevertheless, police are accountable for so much more than people realize. Law enforcement would rather crimes not occur, and for this reason, agencies increase their funding trying to deter criminals or prevent crime (Schmalleger, 2011). In this post-9/11...
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...AJS/514 November 9, 2015 James L. Smith Crime Reduction and Prevention Proposal Chicago is a major city with a huge amount of crime and this paper will address crime reduction and prevention in this particular city. It will also address other issues such as; assisting victims, preventing crime, and achieving effective justice. This paper will address the effect that criminological theories and research have had on contemporary and historical crime control policies in Chicago. It will include theoretical rationale for the recommendations that are suggested. Chicago needs more help in these areas because of the amount of crime they are seeing. Victim assistance programs are well organized and widely available to the public of Chicago. The number of programs varies from domestic violence to identity theft. There are specific programs for every individual affected by crime. The Illinois Attorney General Lisa Madigan has created and made the priority of victim assistance a key service to not only victims but to responder’s as well. In assuring that the right training is given to each field in order to assist victims appropriately. Programs and Trainings available to the people of Illinois According to the Attorney General • The Illinois Crime Victim Compensation Program (Direct financial assistance to innocent victims of violent crimes) • The Domestic Violence Fund (legal assistance funding, legal services to victims of domestic violence) • The Violent Crime Victim...
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...First. Reading Read Ch. 1 of Justice, Crime, and Ethics. Reading Read Ch. 2 of Justice, Crime, and Ethics. Reading Read Ch. 3 of Justice, Crime, and Ethics. Reading Read this week’s Electronic Reserve Readings. Participation Participate in class discussion. 4 of 7 days 1 Discussion Questions Respond to weekly discussion questions. DQ1 due day 3DQ 2 due day 5 3 Learning Team InstructionsLearning Team Charter Select Learning Team members who work together throughout the course.Create the Learning Team Charter. Day 7 Learning Team InstructionsWeekly Team Review Review the Week One objectives and discuss insights and questions you may have. Learning Team InstructionsEthical Decision-Making Paper (Preparation) Begin working on the Ethical Decision-Making Paper due in Week Two. IndividualEthics Awareness Inventory Complete the Ethics Awareness Inventory (EAI), located on the student website, in preparation for the Week Two...
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...this project I will be explain the difference between television perspectives (fiction) about how court room drama is versus the real deal (reality). I will select a fictional television court room drama from the court television web site to help with my research, and then I will describe the fictional portrayals of the court room, including the trial process, the roles of the prosecution and defense, the roles of the court room participants and the handling or implementation of rights for the defendant and the victim. Then, draw parallels between the fictional portrayal and the reality of the court room within above identified aspects. I will then determine the accuracy of the fictional court room process as compared to that of the court room reality. I will also explain in my opinion, Given that entertainment differs from reality, what impact would fictional account of courtroom practices have on the average citizen’s perceptions of the real-life courtroom process. There are many people that make up a reality court room like: the bailiff, Court Reporters, Prosecutor, jurors, Victim, court room assistance, defendant or defendants, the judge and the defense counsel, each one of these people plays a major role in the judicial system to make it a whole. A Bailiffs has many job description, there to assist the court in any way, may it being by transporting a inmate to and from court or just to keep the peace in the court...
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...There have been over 300 post-conviction DNA exonerations in the history of the United States. Although the number is high, there are still many more wrongfully convicted people who’s still incarcerated and have yet to be considered for retrial. Unaddressed wrongful conviction cases show the weaknesses in the U.S. justice system. This paper will touch on the causes that lead to wrongful convictions and discuss possible solutions. The main factors of wrongful convictions are eyewitness misidentification, misleading/unreliable forensics, false confessions (coerced/intimidated), witness perjury, prosecutorial misconduct, insufficient lawyering, racism and implicit bias. Since the first DNA exoneration conviction in the United States case that...
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...Many of the benefits and costs associated with the death penalty cannot easily be quantified. The deterrence theory is arguably one of the main benefits of the death penalty. However, the results of that theory are murky and mixed, at best. There is a slight marginal benefit in reducing the overcrowding in prisons. However, when that benefit is measured again the entire judicial process, it is largely insignificant. The nonuse values linked to supporter's willingness to pay may be relatively great. The costs of the death penalty are quantified in more detail. The investigation, attorney preparation, trial, appeals process, and the actual execution of a capital case exceed the costs associated with a life imprisonment murder case. A Florida study revealed that the state spends six times as much money on a single capital case as it would to imprison a defendant until he dies (Von Drehle 1988a). False positives and nonuse values also increase the cost of capital punishment by some indefinite...
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